EllenL (New York)
Posts: 4
Posts: 4
Posted:
Our covenants create a "control committee" of 3 members who were at first appointed by the builder and subsequently appointed by the board. In general, this committee provides approval for any changes to the exterior of townhomes, and it "may amend, modify, delete, supplement, alter or grant relief from the provisions of this Declaration...in its sole discretion..." In our by-laws, the duties of the directors are outlined, which includes "to create a Control Committee, as provided for in the Declaration and carry out the determinations of said committee." It sounds to me that the control committee which is appointed has more power than the board which is elected. When I took over as the chairman of the control committee, I organized all past correspondence concerning each unit and tried to make some sense of how things have evolved. I found a letter from our lawyer who expressed the same concern that I have (appointed vs elected) and suggested that the board appoint three of their own members to this committee. They didn't and I took the job and ended up in a big mess. The board at some point, expanded itself to 7 from the 3 called for in the covenants. They also expanded the control committee to 3 voting members and 4 advisors. The board has been made up of pretty much the same people for years and they have created their own idea of a control committee. They have made requirements that include that the control committee make copies of all letters for each member of the board, that the board approve any decisions of the control committee etc. The president of the board even wrote a rather nasty letter to a homeowner and typed in my name and asked me to sign and deliver it. I have two questions. Is any of this legal? Which document takes presidence...The Covenants oor the by-laws?
Thanks
Thanks