Q: I’m a member of a condominium association and regularly attend board meetings. At the last meeting, a unit owner made a point-of-order motion, interrupting the meeting and forcing the board to address his concerns. This has happened before with this owner. Is an owner allowed to make such a motion during a board meeting, and if so, when should it be used?
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A: During condominium board meetings, unit owners are not entitled to interrupt the board to make motions or disrupt the meeting in any fashion. Pursuant to Section 18(a)(9) of the Condominium Act, unit owners may merely attend board meetings to listen.
It is within the board’s discretion whether to entertain questions or comments from owners.
Some boards may field questions or comments from owners, depending on the custom and practice of the community, the length of meetings and the number of attendees. But boards are not required to do so.
Q: I live in a residential cooperative and have been reading with great interest articles on the Common Interest Community Association Act. I approached a member of our cooperative board about the act and was told that the statute is not applicable to residential cooperatives. Is the board member correct?
A: The board member is correct. The Common Interest Community Association Act does not apply to condominiums or residential cooperatives.
It applies to a common interest community, which the act defines as real estate administered by an association other than a condominium or cooperative.
Residential cooperatives are governed by the Business Corporation Act, along with the cooperative’s bylaws, rules and proprietary lease. A proprietary lease is a lease agreement between the cooperative and a shareholder allowing the shareholder to reside in the apartment.
Q: I’m a member of a midsize condominium association. Until recently, there was never a problem talking with a board member one-on-one around the property. However, the board appears to have decided that its members will no longer talk with unit owners about association matters unless two members are present. Is this related to anything in the Condominium Act?
A: There is nothing in the Condominium Act that requires two board members to discuss association matters with unit owners. Nor will you find such a provision in a condominium declaration or bylaws.
Requiring a board member, and a board member witness, to be present before talking to an owner is not customary unless there have been past instances of miscommunication or misinterpretation between an owner and a board member.
Still, if an owner has questions about the administration of the association, the owner is best served by regularly attending board meetings and, if necessary, requesting to inspect documents pursuant to Section 19 of the Condominium Act.