How Does a Condo Association turn over to a Board?

Q:  This month the developer of the building I recently purchased, which I love by the way, sent us letters in the mail informing us of an upcoming meeting where the current Condominium Association will be turned  over to a Board of Directors.  How exactly does this happen?

Jerry T.

A:  All new condominiums begin life with a Board of Directors made up entirely of persons who have been appointed by the Declarant (the developer).  When sales reach various plateaus elections are required to elect unit owners to the Board and when the 75% level, based on percentage interests, is achieved an election is held to populate the entire board with directors elected by the  unit owners.  Pure democracy takes over from that point forward.  These elections can be awkward because the members often start off as complete strangers.  One way or the other the ice is broken (wine and cheese often helps), and nominations are made.  Most owners do not seek this responsibility and there is a tendency for anyone in the audience who is an accountant or lawyer to be pressed into service.  To avoid anarchy, it is a good idea for neighbors to get to know each other before these elections take place.

Mark G. Griffin Esq is a partner at a Washington, DC based firm Griffin & Murphy, LLP.  Griffin & Murphy, LLP is a boutique law firm concentrating its practice in real estate law, civil litigation, development, condominium conversions, estate planning, probate, and business law.  Attorneys in the firm practice in Washington, D.C., Maryland and Virginia.  For more information visit WashLaw.com.

Readers may  send questions to him at info@BuildingDC.com.