Brookfield, WI asked in Real Estate Law for Wisconsin

Q: Can a condo board president (unpaid position) also be the condo association office/property manager (paid position)?

My condo board president is also the office manager. Because of this, she really does not have anyone to hold her accountable. She makes up rules that are not in the condo docs, only enforces certain rules/regulations in the condo docs and then breaks other ones herself. She has harassed me to the point where after 3 years im already looking to move and sell my place. I avoid the pool area when she is there, if I see her car at the office I will return at a later time when she is not there, i keep my garage closed and I do not go outside or walk around when I see her out because every interaction with her is THAT miserable. Can she legally hold both positions? I would think that is some sort of conflict of interest? And is there any way to remove her from the board or replace her as office manager so she has less control?

Related Topics:
1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Eau Claire, WI
  • Licensed in Wisconsin

A: I am sorry to hear about this difficult situation. The answer to this question will likely depend on what the Condo Board Bylaws say. I would obtain a copy of the Bylaws from a member of the Condo Board and then review them carefully to see what they say about conflicts of interest and whether the President can also hold the office of Office Manager. After reviewing them, considering setting an appointment with a real estate attorney in your area to review the bylaws together and discuss your options. Best of luck to you!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.