Condo Association Management Blog

If I were you, I would get a durable power of attonrey from the person who owns the unit or whatever is analagous to that in Florida. At least in Massachusetts, we would recogonize the person holding a power of attorney would have same rights as unit owner giving power of attorney to speak. 
 
 
 
Stephen Marcus 
 
Marcus Errico 
 
Braintree, Massachusetts 
 
www.meeb.com

My suggestion would be to go to 718 of the FLA Statutes and also the FLA Administrative Code. Read it, print it, I believe if you have a formal Power of Attorney from the owner to represent them at a meeting it will stand up. Find out what the orginal doc's say for your association, if the vote they took was not amended into the doc's it holds no wheight. You can't just make rules as you go. There are legal procedures to follow. You can also file a complaint with the State right on their site. Especially if they violated the doc's or By-laws. 
 

I talked to the attorney general of the state of Ohio because my condo president hires off duty Toledo police so we can't talk at the meetings...I was told by the AG that this was a civil matter and needed my own attorney.....why make laws if no one is there to enfoce these laws. You have to pay for your attorney while the "Brown Shirts" running your association uses "your money" to defend themselves.

The truth is, most of the people who seek positions have little if any understanding of property management, 
do it for all of the wrong reasons, and as a result, create typical dysfunction. Power and control freaks, those fearful of any change, no matter how positive. I doubt I will ever chose to live in an Association again. Horror stories are a constant. You seem to own but have no rights. The corporate structure of associations creates excessive power for Boards and difficulties for owners. Yes, the Board uses your money to bully you yet you must hire a lawyer. No system of checks and balances exist and communications and thus elections are manipulated by those who cleverly weasel onto the Board.  
 
Life should be enjoyed, not filled with needless conflict. 
 
Jim Court 
Elmhurst, Illinois

Frankly, I don't believe any laws were broken by the BOD in not allowing you, a renter, to attend the board meeting. I've looked over the condo (FL718) and the HOA (FL720) statutes and cannot find anything that says a member has a right to designate a rep. to speak for him at meetings (this is outlined in AZ HOA law). The condo statutes allow members to speak at board meetigs; however the HOA statutes require members to petition the BOD to place a specific item on the agenda and they may only speak regarding that petitioned item. You don't mention if yours is a condo or HOA assn.

In our 15 unit association and going back to 2005 when I purchased my condo, they had a meeting (yearly) and invited me to attend as my closing was not final. At this meeting was rentees filling in for their owners. They had to produce a letter from the owner giving the rentee the right to attend the meeting for voting rights only. They could attend but could not speak out. Today 2010 at our meeting in April they all (rentees) were told they could come and still not speak and as long as they produced that letter (renewed each year) they could have the voting rights of the owner if the owner did not attend. 
 
Since then with the board (3) people that we had they all decided to step down, for us others were stepping on their toes. 
 
We also decided (with a 9 out of 15 vote to go to management service. I do not know before I got here how they set up the rule for rentees, but I feel how are the rentees to know the rules and know what is going on if their unit owners do not attend these meetings? We have 4 that don't G.A.C. what goes on, we have 3 ex BOD with only 1 that cares, and the other 2 are bascically worthless. I vote that the rentees should be at the meetings and in the future when our management company kicks in, they will be there, just as they were in the past. So you see its all about the way you run your association, and ours started to get crappy, and this is WHY WE ARE NOW GOING TO MANAGEMENT. Will I ever buy into a HOA again? I really don't think so. BULLIES are only made if you them them bully you. 
 
Keep showing up and make them show you where it states that you can't go to the meetings and next time drag your owner there with you. Owners need to get more envolved besides just collecting the rent!

First, this is not a legal advice, but get a limited power of attorney from the owner to attend any and all Association meetings and act on behalf of the owner. Apparently your roommate trusts you enough. At the next meeting give the original to the CAM and reference FL Statutes Chapters 718.1035 and 718.112 2. (c). As for the “rule” made at the previous BOD meeting, check the Bylaws to see what the requirements are when adding or changing the rules. Board of Directors have the right to adopt rules and regulations for the Association, but they have to be reasonable, equitable and not contradict any of the Association’s Documents or Florida Statutes. Many Associations when changing the rules mail a copy of the change to the owners as well as post the new rule in a conspicuous place at the condo for 30-days before taking effect. And lastly, they did not violate the laws by not allowing renters – tenants to attend a BOD meeting.

My husband is not listed on my condo deed, and the president and other owners will not allow him to attend association meetings (unless his name is on the deed). Is that legal for state of IL? Or is that discriminatory? No one else in our 6-unit building has a partner. Please inform! Thanks, Mary

Mary, 
 
 
 
Yes, it is "legal" for the BOD to disbar any nonmember from attending meetings of the assn. This would apply to not only IL but any state. The HOA is a private corp -- not a public entity.  
 
 
 
Even though he is your husband, he is not legally an owner of the condo if his name is not on the deed. The solution is very simple: add his name to the deed. However, if that is not an option, then you must live with the fact that he cannot attend any meetings of the assn. There would be only one exception to this and that is if your docs or state law allow the member to designate a rep. AZ law allows a member to designate a rep, in writing, to attend and speak at meetings in the members' absence.

Thank you, Mary. But, what I am wondering is, does it actually say anywhere in the IL condo documents that only deed holders are allowed to attend board meetings? The other owners are saying that it does, but I cannot find any such wording. It seems rather vague. Having a vote to prevent non-owners is different than saying the IL condo doc laws prohibit non-deed holders from attending... Can you clarify a bit more for me? Thanks!

Mary, 
 
 
 
I don't see where it says nonmembers cannot attend a board meeting; however 765 ILCS 605/15(a)(9) does say: "that meetings of the board of managers shall be open to any unit owner,". This is probably what others are referring to. IMO, it's up to the BOD to decide whether or not to allow nonmembers to attend. Frankly, I see nothing wrong with it as long as they are not unruly. I wouldn't let a nonmember speak unless he/she had a written statement from a member designating him/her as their legal rep. This is allowed in AZ.