How can I as a Condo BOD member force property manager’s compliance with management contract when other BOD members are non-cooperative?

UPDATED: Oct 2, 2022

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How can I as a Condo BOD member force property manager’s compliance with management contract when other BOD members are non-cooperative?

I am a member of a five-person Board of Directors at a Condominium Association with about 230 units located in Georgia. The property manager together with three Board members engages in questionable activities that in my opinion constitute a violation of our Condo governing documents and property management contract. Examples of the violations I observe property manager includes unauthorized people in the confidential Board communications and pays vendor invoices that were not approved by the Board or approved solely by the Board president both management contract and out governing documents state that everything needs to be approved by the whole Board. I presented the president of the management company with some of the violations but he does not seem to be too responsive. What is my best course of action in this situation? Removing three board members is pretty much out of the questions, but is there any way to force compliance on property manager’s part? She is a licensed professional and should be governed by the management contract and ethical standards of the entities that issued her professional licenses.

Asked on October 13, 2019 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They are governed by the contract. However, only a party to the contract can enforce it. The party would the condominium association itself. A nonparty to the contract, such as in individual board member, cannot enforce the contract. So unfortunately, if the board as a whole (i.e. a sufficient majority of the board) does not wish to take action, there is nothing you can do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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