Leni Cummins discusses overbearing property managers in a Q&A with CooperatorNews. A gated community’s manager appears to be controlling their board, rather than the other way around. Instances include filling vacant board seats without an election, holding virtual board meetings to control complaints, and implementing codes for such meetings to control who can access them.

When questioned if such acts are legal and how to remove the manager if so, Leni said, “It does sound like this property manager may be overstepping with regard to some of the conduct described. Homeowner meetings must be accessible to all homeowners. If the property manager is intentionally withholding login information, that’s a problem. You should write to the board directly to put them on notice of what is happening. The board may not be aware. The property manager serves at the pleasure of the board, so hiring and firing decisions must be made by the board.”

Leni continued, “As to filling vacant board seats without an election—that is quite common. Most association bylaws direct boards to fill vacancies for the remainder of the term of the vacating board member. However, that does not excuse the board from its obligation to hold elections (typically on an annual basis). Association meetings can be held by Zoom unless in-person is explicitly specified in the governing documents. In November 2021, Governor Hochul signed legislation amending the NY Business Corporation Law to allow corporations to hold annual meetings virtually. The following June, she extended the legislation to condominiums as well.”

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