Condo Guru

Aw, fudge.

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Fudge. It's a great, sweet treat. Nice to share at Christmas or Hanukkah. But not so great to do.

We often deal with condominium boards (and some managers) who prefer to fudge things than to fix them.

Once, a stalwart senior condominium legal counsel (the inimitable Gerry Hyman) suggested that there was nothing a condominium couldn't accomplish with a majority of owners on board. Well, that's almost true; but he didn't mean they should accomplish it without also following the rules.

Case in point: One condominium recently passed a resolution that no by-laws could be approved except at a meeting that has a quorum of 75% of the owners. Nice try, but the Act doesn't allow that.

What they want to achieve, though, is doable - but only in the right way. It's just not doable by resolution of the owners. Nor is it doable by seeking to change quorum to a number that the Act doesn't allow.

There is a way to do it, but that ain't it.

Boards, managers - don't fudge things. Talk to experienced legal counsel about whatever it is you want to do, and we can help you do it (absent, of course, what's actually wrong).