Condo Association Management Blog

If you don't have a copy of your associations bylaws get such immediately and read the rules you are supposed to be governed by.Also cxall the Florida Department of Business and Professional Regulation and ask for a free CD which contains Educational and Reference materials on condominium living. This CD is new and is dated 06/20/2010.rther ask for In regard to the vacancy on the prresent board read your bylaws. You should find a provision which deals with this problem. Most condominium bylaws provide that an appointment by the board to fuill the unexpired term is permitted. No election is involved.

Condo associations in Florida are governed and regulated by FS 718, which in many instances trumps governing documents. I find odd that 2 people who are related and occupy the same unit can act as a board. Are both on the title ?? If not, there may be a problem. In addition, two Directors do not meet quorum, and in my opinion they should appoint a third Director immediately. However, first and foremost you need to review your Bylaws and Covenants to see if they are indeed in violation. You also should look up Florida Statute 718. Just google it and you will end in the state website.

As of January 1, 2009, co-owners of a unit may not serve on the Board together unless there is no one else eligible to serve or more than one unit is owned.

When I first moved here in 2005 I probably was the dumbest person to walk the earth. Since then I have educated myself with this Association and their little clicks. Today I am standing up for not just myself but the others as well.  
 
 
 
You need to do the same and get a copy of the declaration, bylaws and rules and regulations. Every condo association and HOA are suppose to have a copy. And if you can't get it from them , then go to your court house or call where you closed on your unit and they will charge you but will get you a copy of such. 
 
The answer to your questions are No they cannot charge assesments 
 
without voting on them. 
 
You need to get a petition going and have all sign it. One petition is for getting a meeting together and if they do not hold one then you hold your own. Next you will vote on getting them out of there and vote in new board members. If the two of them don't show up, then go to your local Madj. and get a meeting that way. And if they do not turn over the records to the new Board you can I do believe have them fined for it (again read your declaration) 
 
We went management (voted on) and they are making the sec'try turn everything over to them. Is this a good thing. Well we did it this way to avoid a lawyer fee. They are handling everything. The difference with us is I called the President, Sec'try and V.P. on our matter and they showed for the meeting, cause they new they were legally bound by the law to hold the meeting. At the meeting they all stepped down on their own (YAH!) and then we moved on from there. Hopefully I will be the new President when we have our meeting Oct 1 to vote on a new board to work with the management company. Now don't let them scare you and move and move fast they need to go, but be ready to step into their shoes if you wnt to build a fire. Good Luck!

Have you thought of replacing the Management Company, your Building Manager and even your Chief Engineer. Before acting have a new condo lawyer whom you intend to hire help you in ridding yourselves of the incumbents. It can get tricky terminating an existing contract legally.

Charles, 
 
Where does it say the original author's association is using a management company, building manager, or engineer? 
 
Did you post to the right blog?

I would strongly rercommenf that one of the first things to be addressed is the training of Board members and unit opwners how to conduct a meeting in corformity with Robert's Ru;es Of Procedure. The election of an individual to a board carries with that feat no magic cloak of knowledge that endows him with t the capability of participating is a deliberative Assembly. Parliam,entarians definition of a Board meeting. By the way over 85% of all such bodies in the US from iour House of Reprentatives to major corporations, PTAs,Gaerden clubs etc etc all use Robert's Rules. If properly applied these rule will make your board meetings far more productive and require less time to conclude the condos business at each meeting. The Board members and your unit owners all need this training.

In response to Charles post about Newly Revised Robert's Rules of Order, this guide is no help when you have board members who do not even understand their own declaration let alone the Statutes. Effective July 1, 2010 new CONDO board members have to sign an affidavit that they have read and understand their association's governing docs and Florida Statute 718.

That's the point I was attempting to make. Being on a BGoard or being elected to a board does not magically endow thhat indicidual with the capability of either managing a deliberative assembly but on the other hand unit owners who attend the Board meeting also need some instruction as to how,under Robert's Rules they may participate. In my condo we have a three times anod out rule. Is a speaker is intgerrupted by anyone in the assembly (audience) or by a board member iother than the chair they are advised they are out of order and should they again repeat this unwanted intrusion again they woukld be asked to leave the meeting. The third time will result in banishment for a suitable number of future meets as determined by the board in executive session.