Condo Association Management Blog

if he is as bad as you say he is,i would immediately get together with other unit owners and create a logical, truthful and accurate plan to educate all unit owners who have a vote. its probably too late to create a slate of strong candidates who will campaign for the board seats, not just complain. if the property manager/unit owner is not as bad as you say, then the majority may not agree with you and the majority will rule. check the condo docs. probably no rule against being the mgr. but its a safe bet to assume he should not be paid. good luck !

Tough one, huh? Are you willing to organize a meeting of the owners to educate the entire community about what you think is going on? Is there enough support with the owners to elect a unified fair board? Sounds like a takeover is in progress. If you decide to go ahead, get organized and move decisively.

While I would never want to be the Manager of a building I own and reside in, there is no law against it. (At least in Florida) 
 
In my opinion, the role of a manager is different from the role of an owner and should be separated. Whereas an owners tend to look at the property as their home, and take issues personal, a manager should look at the Association as a business and a run it like a business with no bias or personal feelings and everyone treated equally. As the Manager of several associations, when conflicts arise between owners and the Board, I always try to calm the situation instead of stirring the pot. Conflicts only lead to bad feelings amongst owners and in the long term may lead to unnecessary expensive legal bills, code violation complaints, DBPR complaints, other resulting unnecessary expenses and wasted time. This is not something a manager should want to do. 
 
Many owners look to the manager as a role of power and may easily assume that the Manager is right -- even when he is only expressing his OPINION as owner. 
 
Although we do not have all the facts, it would appear that your Association seems to be a good example of why I feel a Manager should not live or own in the Association. 
 
As an owner the individual has the right to express his opinions....however the role of owner directly conflicts with his role as manager, as the manager is paid to institute policies and procedures as instructed by the Board -- not get involved personally. 
 
In his role as owner, he has every right to initiate a recall if he feels there are Board members who are not running things properly. However, yet again, as a manager, his role again conflicts. 
 
Under Florida law, once the Manager is on the Board, he could no longer be compensated as a Manager because those are duties that the Board members must do without compensation. Unless of course your condo docs allow for compensation of Board members.  
 
Unless the Manager is paid as a full time employee, I wouldn't get all crazy about the time he spent posting on the blog. Often times managers spend time outside of regular hours taking care of things for which they are not compensated. Typically a Manager is not an hourly employee, but a salary employee. If your Association is paying him as a contractor, then you have no right to tell him how to spend his time, only to terminate if he is not properly running or conducting association business. If he is a contractor, I would suggest you retain a copy of the contract and read through it completely. 
 
Now is the time to stand up and do something.  
 
You really could begin a campaign to put pressure on the Board to terminate him as Manager or keep him off the Board, or both.  
 
I wouldn't attack him. I would merely point out why you feel the manager shouldn't be an owner and why you feel he shouldn't be on the Board. Point out business reasons...not attack. 
 
You could point out the fact that you don't feel it is good for the community for the manager to be stirring conflict in the community instead of trying to abate it.

Joyce, 
 
"Under Florida law, once the Manager is on the Board, he could no longer be compensated as a Manager because those are duties that the Board members must do without compensation. Unless of course your condo docs allow for compensation of Board members." 
 
 
 
 
 
Thank you for your feedback. Our condo docs do not allow for board members to be paid. Do you know where I can find this in the law? Thanks

Florida Statute 718.112(2(a)1 
 
Florida Statutes may be found here http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0718/SEC112.HTM&Title=-%3E2009-%3ECh0718-%3ESection%20112#0718.112 
 
You may have to copy and paste into your browser. 
 
I have c/p the section leading up to what I was referring to. 
 
718.112 Bylaws.-- 
 
(1) GENERALLY.-- 
 
(a) The operation of the association shall be governed by the articles of incorporation if the association is incorporated, and the bylaws of the association, which shall be included as exhibits to the recorded declaration. If one association operates more than one condominium, it shall not be necessary to rerecord the same articles of incorporation and bylaws as exhibits to each declaration after the first, provided that in each case where the articles and bylaws are not so recorded, the declaration expressly incorporates them by reference as exhibits and identifies the book and page of the public records where the first declaration to which they were attached is recorded. 
 
(b) No amendment to the articles of incorporation or bylaws is valid unless recorded with identification on the first page thereof of the book and page of the public records where the declaration of each condominium operated by the association is recorded. 
 
(2) REQUIRED PROVISIONS.--The bylaws shall provide for the following and, if they do not do so, shall be deemed to include the following: 
 
(a) Administration.-- 
 
1. The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. In the absence of such a provision, the board of administration shall be composed of five members, except in the case of a condominium which has five or fewer units, in which case in a not-for-profit corporation the board shall consist of not fewer than three members. In the absence of provisions to the contrary in the bylaws, the board of administration shall have a president, a secretary, and a treasurer, who shall perform the duties of such officers customarily performed by officers of corporations. Unless prohibited in the bylaws, the board of administration may appoint other officers and grant them the duties it deems appropriate. Unless otherwise provided in the bylaws, the officers shall serve without compensation and at the pleasure of the board of administration. Unless otherwise provided in the bylaws, the members of the board shall serve without compensation.  

Oh I believe it. I'm currently fighting against 2 boards (controlled by the same people!) A Condo board and a Rec association board. These people attack anyone who tries to speak up, they insight others to violence against anyone who complains and they are allowing the property to begin to look like a ghetto. You can only win by going around them and getting togther with the other unit owners. Often your bylaws will have it written that there is a counsel of unit owners who elect the board who get a property manager. Being a unit owner gives you the power to organise the other unit owners, often with 51 percent, or in some cases 2/3's of the owners to sign a petition you can toss out the entire board as the board serves at the pleasure of the unit owners and the counsel of unit owners can wipe them out and start over. It's often best to go this route as fighting the board directly has them attack using inside information, money, lies and whatever to shoot the messanger, hope this helps.