Do condo owners or the condo board have final say on which repair & maintenance projects get done?

Stephanie Sutherland

ANNOUNCER: I’m with Stephanie Sutherland from Cohen Highley Lawyers. Do condo owners or the condo board have final say on which repair and maintenance projects get done?

STEPHANIE: The condo board does.

ANNOUNCER: So, boards can overrule owners?

STEPHANIE: Yes, owners can give opinions, but boards ultimately decide. Courts have upheld this where owners challenge board decisions. This issue has become more common lately due to inflation and supply shortages. For example, the board decides to go with one project as opposed to another, but then there are cost overruns or the project moves slower than hoped. In these scenarios, it can create issues with owners who felt the other project should have been done first.

ANNOUNCER: Owners have no options?

STEPHANIE: I wouldn’t say that. If 15% of the owners request a requisition meeting, they can force an owner’s vote to replace individual or even all board members if they think a different board will be better. This requires 51% of owners voting in favor of the removal.

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