Failing To Satisfy Notice Requirements Can Have Big Consequences
A Maryland condo association recently was reminded of the importance of strictly adhering to the applicable notice requirements for meetings.
The 815-unit condo building had a 50-year-old fire alarm that had to be updated to comply with the county code. After a series of consultations and site visits by engineers, the board was set to meet on Nov. 21, 2017, to approve a $1.2 million contract for the project. Ultimately, though the board held a special meeting before that date.
On the morning of Oct. 31, 2017, notice of a special meeting to be held Nov. 2, 2017, was posted on the lobby bulletin board and the condo association’s website. The meeting was attended by three of the five board members and about 20 residents. The contract was approved.
Two owners subsequently filed a complaint challenging the board’s action, arguing that owners didn’t receive adequate notice of the special meeting. A county commission on common ownership communities sided with the owners and ordered the association’s board not to take any action to advance a fire alarm system replacement without a meeting.
A trial court affirmed the commission’s decision to invalidate the board’s action. The association appealed, arguing that neither the state condo law nor the bylaws required owners receive notice of a special board meeting. It claimed notice was only required to be given to board members.
Read the full story now to learn why a seemingly minor notice deficiency had big consequences for the association: