Condo Association Management Blog

I live in Florida and I dont think condo law helps you. I think you can pass a bylaw or just not vote her onto the condo association's board

I am the President of a BOD in FL. I agree that the law is not clear on this, however, if she is placed on the BOD and homeowners find out about the lein, there could be some accusations of special treatment. Trust me, we have gone through a recall effort and lawsuit with a past BOD and all the "minor" stuff becomes a huge deal. Just the rumor that a BOD member MAY have a lein or late fee can cause a huge rucus.

Mike, I absolutely agree with you and further more would argue its the fiduciary and ethical responsibility of the current condo association board to ensure she is not a board member

Until recently, any owner of a condominium unit was eligible to serve on the Board of Directors of the association, unless the owner was convicted of a felony and did not have their civil rights restored. In 2008 the legislature amended the condominium act to impose eligibility requirements that include: 
 
 
 
1. Prohibition against co-owners serving on the board together. Section 718.112(2)(d)1., Florida Statutes says that owners of the same unit cannot serve on the board at the same time if there are more than 10 units in the condominium. 
 
 
 
2. Section 718.112(2)(d)1., Florida Statutes also says that someone who has been suspended or removed by the Division of Florida Condominiums, Time Shares and Mobile Homes is not eligible to serve and anyone convicted of a felony is not eligible to serve until five (5) years have elapsed since their civil rights were restored. 
 
 
 
3. As far as financial responsibility is concerned, Section 718.112(2)(n), Florida Statutes provides that directors who are more than 90 days past due paying regular assessments are ‘deemed’ to have abandoned office. 
 
 
 
Thus, IRS liens do not disqualify a person from serving on his or her board of directors, but failing to pay regular assessments to the association does operate as a forced-resignation. 
 

For many Homeowner and Condo Associations the bylaws require that a person seeking election to the Board of Directors be in "Good Standing" with their monthly assessments. Thus, if a person has alien on their property for non-payment of monthly assessments or unpaid fines they would not be eligible to seek election to the board. In addition, they would not be permitted to vote at any Snnual or Special Meeting. The immediate cost of non-payment of assessments and or fines is the removal of one's right to vote. These matters are generally covered within the Declarations and Covenants, as well as the Bylaws.

http://www.floridacondohoalawblog.com/admin/comments 
 
 
 
 
 
A former state certified Life Health variable and fixed annuity agent,EMT, Firefighter now licensed for the past 15 years in specialty contracting, manufacturing, member of the Wall Street Journal business opportunities national, and current USCG Merchant Marine officer, in my travels, training and real life experiences with many variations of contracts, legal challenges, political wrangling, I have found that there is much home running going on when bidding in the condominium demographic within South Florida.  
 
The state of Florida has not made the law strict enough regarding estopel of a valid proposal, offer and acceptance never having a chance to engage or perform within the present structure for non profit Florida condominium associations. 
 
The acts of the participants on both sides of the equation are in many instances criminal, for example collusion for financial benefit is illegal. 
 
There are a record number of complaints over this kind of undertaking not to mention the recent disconcerting rash of complaints that assessment money collected after the annual collection goes completely unaccounted for and no one is going to jail. 
 
We can only hope that eventually the Florida legislature will have to recognize there is a serious problem and pass the kind of rules of law required to detour one from straying into the gray.  
 
When it comes to fair dealing bidding or negotiating contracts with not for profit condominium associations in our beautiful state of Florida make sure you document everything in anticipatory breach correspondence, with a little tact know one will know that you have covered your concerns by just sending a short email message verifying any devil in the details. 
 
You would be surprised how this extra effort described documenting statements during the period of preliminary discussions, or substantive negotiations curtails the kind of bad behavior we could all do better without. 
 
Regards 
 
Anthony R Meurer 
 
www.theroofstore.net/about-us.html 
 
principalmedia@bellsouth.net