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jdmazzochi, Home Owner in Chicago, IL

Can a janitor who is an employee of the management company be on the condo board because he owns a unit in the condo building?

Asked by jdmazzochi, Chicago, IL Thu Nov 1, 2012

Isn't it a conflict of interest? In other words being on the board ... he is in control of the management company. Yes unfortunately he collected vouchers from people who are afraid and uninformed and won a seat on the Board.

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Answers

9
Yes, of course he can.

The rest of the Directors should mandate that he be recused from voting on any issue that concerns the management company, however.
1 vote Thank Flag Link Thu Nov 1, 2012
Having served on my own condo board, I can tell you it is a thankless and oftentimes frustrating position. The real question is why does this bother you? He lives there, he works there, he obviously has a vested interest in what's best for the building. Don't you want someone on the board who REALLY cares about the building?
1 vote Thank Flag Link Thu Nov 1, 2012
Yes, as long as he is an owner of a condo in the building, he can run for election to be on the Bosrd of Directors. However, because he is employed by the management company would he really want to be on the board.
1 vote Thank Flag Link Thu Nov 1, 2012
You mean the management company is in control of the janitor. I am sure there is no conflick based on rules/bylaws, but you can raise the issue and perhaps have him replaced. Why are people afraid and uninformed???????
1 vote Thank Flag Link Thu Nov 1, 2012
Check your association By Laws to see if employees in the building who are owners can also serve on the board. At the surface it does appear as a conflict in that his salary is earned by working for the management company and his position on the board may require scrutiny of that same company. Check the bylaws and if not included, bring this potential conflict of interest up at the next meeting.
1 vote Thank Flag Link Thu Nov 1, 2012
I think technically he can unless its in the by laws that he cannot. You can vote him off the board though.
1 vote Thank Flag Link Thu Nov 1, 2012
sure can..if you want to change the rules and regs that would be different
0 votes Thank Flag Link Fri Nov 2, 2012
If he owns a unit, I don't see why not. He can sit out any votes relating to his position.

Best of luck,

Ivan Sagel
312.515.7823
Ivan@atproperties.com
0 votes Thank Flag Link Thu Nov 1, 2012
No "law" prevents him from serving on the board. The association's by-laws could be amended to address any potential for conflict. And, of course, any actual conflict would be grounds to have the board member excluded from voting or possibly removed from the board. If you are concerned, consult an attorney tat specializes in condominium/association law. There are many. If you need a referral, let me know.

Rusty A. Payton, Broker
iMove Chicago
5650 N Broadway
Chicago, Illinois 60660

773-961-8819 [Office]
773-289-0806 [Fax]
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e. payton@iMoveChicago.com


http://www.iMoveChicago.com

blog: iMoveBlog.com
0 votes Thank Flag Link Thu Nov 1, 2012
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