administrator

Board asks for an administrator

The board announces an increase in fees or a special assessment. The owners rebel and petition to remove the board.

When it becomes obvious that the directors will be voted out of office, the board applies for an injunction to prevent the owner’s meeting from being held to give them time to apply for a court-appointed administrator.

When the board applies for a court appointed administrator, they usually tell the judge that:

1.	Since the board was elected, they have taken active steps to deal with the corporation’s deficit position and have plans to deal with the needed repairs.
2.	The board members have been verbally abused, harassed or intimidated by the respondents in their efforts to carry out this mandate.
3.	The respondents have been spreading lies and innuendos among the owners about the board members.
4.	The respondents have received proxies under false pretenses and by intimidating the owners.
5.	The respondents have their own agenda and do not truly represent the interests of the majority of owners.
6.	The current situation is intolerable and the new board cannot continue as it is currently constituted.
7.	That the only reasonable prospect of bringing the affairs of the corporation in order is the appointment of an administrator. This appointment is in the best interests of all of the owners.
8.	They have the name of an experienced administrator, a Mr. Solomon, who has agreed to serve if appointed by the court.

The respondents, on the other hand, may say that:

1.	The present board of directors has turned insensitive to the genuine concerns of the owners, is intimidating and, as a result, no longer enjoys the trust and confidence of the owners or of the majority of them.
2.	The respondents ask that the court terminate the services of the present board and order the election of a new board of directors to run the corporation in a proper manner.
3.	The application for the appointment of an administrator is unjustified, undemocratic and shows a lack of respect on the part of the board for the very owners who elected them.
4.	We have a detailed written business plan that is a guide to restoring the condo corporation's finances.
5.	If the court believes that the corporation needs an administrator, then the owners have a qualified candidate who has agreed to accept the position, has the confidence of the majority of the owners and will work at a cheaper hourly rate than the board's candidate.