Our Condomium Trust documents say "Trustees shall meet annually…[and] may elect the Chairman, Treasurer, Secretary and any other officers they deem expedient." The document does not say what constitutes a voting majority for these offices. This is a small condo community of 3 owners. Unit 1 with 50% interest, Unit 2 37%, Unit 3 13%. Unit 1 owner has acted as all 3 officers prior to Unit 2 and Unit 3 owners puchasing their condos. Unit 2 + Unit 3 both want the officer position to rotate, this time to the owner of Unit 3. Unit 1 refuses to allow this saying "I have 50% interest". There is no official document that has been filed listing Unit 1 owner as an officer, Unit 1 has just assumed those duties prior to us coming here. Given that Unit 1 has 50% ownership, and the other two unit owners have a combined 50% ownership, we seem to be at a stalemate unless, for example, the law would interpret voting as 1 owner = 1 vote -- which would mean 2 votes against Unit 1's 1 vote. Any thoughts on how to break this stalemate other than resorting to legal fees?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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