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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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