Condo Association Management Blog

Hi Donna: First, what State are you in? Having asked this, I would first suggest to look into your own By-Laws. If not spelled out there, you should be able to looking into your State Laws. In Florida where I live, you can go on-line to MyFlorida.com or do a search for Florida Condo Laws. In this state what you're asking for is found in Florida Statues 718 and Florida Administrative Code 61B. The laws spell out what is required in the minutes, record keeping of them and proper procedures for a Board Meeting; such as if more then two members gather, they can speak socially, but if Condo business is discussed it becomes a Board meeting and subject to the proper laws.

CEBO has it right. In addition Roberts Rules addresses what should be included in the minutes. The minutes are the legal permanent record of decisions taken by the Board and serve as legal proof in any legal dispute as ton what occurred and when. These records are very important and should be developed and stored.

CEBO has it right. In addition Roberts Rules addresses what should be included in the minutes. The minutes are the legal permanent record of decisions taken by the Board and serve as legal proof in any legal dispute as ton what occurred and when. These records are very important and should be developed and stored.

I think this is a common problem. I have talked to people in Tallahassee and they are of little help. This has been going on in our building for years. One board member decides to paint the hallways or tile the floor and it is just done, with no consultation with the other board members or owners who might have expertise in the field. In addition, we get some pretty outrageous color schemes going too. I'd be real interested to learn if you can find a solution to this.

You might want to check the management company contract too.Ours has a clause that work over $1000 needs a board vote.

Gee Donna, for a moment I thought you were one of the other Bd members on our Bd. I have a nearly identical set of circumstance in SWFL. 1 or 2 members make decisions without conferring with other Bd. members, then send out a waiver and consent form after they have already made a committment. It's the goofiest Bd situation I have ever been on. Earlier this year they incurred a 40-50% overrun on a construction project and some of us had no idea what was going on until asked to vote for a Speccial Assessment. But it seems like most of the owners, just don't want to get involved or rock the boat. A sad, sad state of affairs.

What does your state law and your condo documents say? Many states have guidelines regarding special assessments. Do you have specific formal architectural guidelines for your property?, if not you need those. You need to clearly state what colors can be used, tiles etc. so everyone knows the expectations and then fines should be levied if the rules are not followed. One of the biggest problems most association face is owners who are apathetic and don't get involved and they have no idea what is going on. Legally, your Board is accountable for making sure all information is put into the minutes.

There are two different routes to be taken in making renovations, alterations or in performing maintenance. First are those which relate to common areas which thus are the responsibility of the association to take care of. Normally one would find in the bylaws a requirement that any sucyh work in excess of a fixed dollar amount-such as $10,000, would reqwuire Board approval while tasks with lesser cost would be under tyhe purview of the building manager. But the other circumstance involves unit owner efforts he wished to undertak within his unit. Normally an applicatuion form should be submitted by the owner which defines the work to be done,the name of the selected contractor and his license and insurance status. Additionally you should include the imposition of lead paint abatement rules from the EPA. if your structire was erected before 1978.Verification of the contractor's credentials provides assurance to all uinuit owners that the work will be done by a luicensed contractor who also has the gemneral liability insurance to fall back on if things go poorly.

Really need to know what state you're in. In Ohio, the in-between Board meetings that you describe are against the law, unless ALL members have been notified of such meeting X amount of time ahead of the meeting. If they choose not to attend, that's fine. All decisions made at those in-between meetings MUST be included in the next set of minutes and it must be noted when, where, how and whom the decision was made. Otherwise, any decision made by a clique of Board members on the sly is invalid. This is very clear in ORC 5311.

In your bylaws you shall find specifics about the meetings the board of directors may hold. These "in between sessions" I would guess are unauthroized in the by laws, are thus illegal and any action taken by the members at such a meeting are also illegal.

Cebo, 
 
Could you be more specific on the cite regarding the infomal discussion of HOA business between more that 2 Bd members and the requirement for minutes? I am having trouble finding it. We have had several of these committee meetings in SWFL with no minutes.