I am working with a condo the recently had to replace its boiler. There are three trustees, one of which is also the manager and is compensated with reduced condo fees. The trustee manager has made it clear that she will not accept email from the owners. When the trustee, manager decided to replace the boiler she sent a few emails about the decision and announced there would be an assesment. The only written request for the assesment funds was mailed 1 week before the start date of the work, and posted a due date of the day following the postmark, July 14th. The condo docs explicitly state that the budget for the year and fees are to be determined on jan1st for the upcoming year. The docs also say that any assesment must be approved by 75% of the interest at a meeting of the owners. The meeting needs to be announced 1 week prior. There has been no meeting or vote of the owner interest. The condo docs also state that ballots can be required at the deman of a unit owner for a vote.
Is this assesment enforceable without the owner vote?
If a unit owner demands that ballots be used, can the proxy fill in the ballot for for an absent owner, or must the ballots be completed by the absent owner?
The obvious problem is that the trustee manager solicits the proxy cards and appoints herself for blank cards, and then uses the proxy votes to re-elect herself.