The board of directors is the heart of any condominium building. To ensure a well-functioning condominium board of directors, the directors must have a clear understanding of their responsibilities. The board of directors is composed of local residents in the condominium building and includes the following roles: president, vice president, secretary, and treasurer. Additional directors will serve on the board, although not in specific roles such as that of a president or treasurer.
Although the laws defining the responsibilities of a condominium’s board of directors are state-specific, several of their responsibilities are common across Rhode Island, Massachusetts and Connecticut:
- enforcement of bylaws;
- monitoring building condition and ensure all necessary maintenance is performed; and
- maintaining financial accounts for the condominium association.
Beyond these general duties, the responsibilities of a condominium’s board of directors can vary. For example, in Massachusetts, §11 of the Massachusetts General Law Chapter 183A establishes the following responsibilities for a condominium’s board of directors:
- Maintenance, repair, and replacement of common areas and facilities.
- Collecting unit owners’ share of common expenses.
- Hiring personnel, including determining whether to engage a managing agent.
- Creating a method for adopting and amending administrative rules and regulations for the condominium building and its use.
- Establishing restrictions and requirements in respect of the use and maintenance of the units and use of the common areas and facilities.
The state laws governing condominium associations in Rhode Island and Connecticut generally reflect the duties set out in §11 of the Massachusetts General Law Chapter 183A. For questions specific to state law, please contact our office to schedule a consultation.
In addition to the above-mentioned duties and responsibilities, condominium boards of directors also have a duty of good faith. The duty of good faith (or duty of care) requires boards of directors to not act in a malicious or otherwise inappropriate way – such as abusing their power by arbitrarily issuing fines against a condominium unit owner due to personal disagreements. Similarly, this duty requires that boards of directors execute all of their responsibilities in good faith, inclusive of maintenance, contracting, etc. If boards of directors violate this duty of good faith, they may be subject to a lawsuit and punitive damages, such as fines.
Condominium Lawyers in Rhode Island, Massachusetts, and Connecticut
At Palumbo Law, we are condominium law experts. Attorney Richard Palumbo leads the condominium team and has been recognized as a leading condominium law practitioner through various awards and speaking engagements, including for the prestigious Rhode Island Realtors Association. For questions relating to condominium associations, board of directors’ responsibilities, or any other condominium related issue, please contact our office to set up a consultation or complete the contact form.