Condo Association Management Blog

Nope, not if the unit owner did the printing, however if you have only a few that printed their name just ask the to sign. In my opinion, you are correct in obtaining a signature, whether printed or script as long as your State laws agree.

Signatures are definitely required. Go back and get them signed.

Our condo removed a Board Officer (a couple of years ago) and may need to do this again soon),using a Petition (initially), but more than that needs to be done. Refer to your States Condo Statutes for instruction.  
 
 
 
We had people print their names & unit numbers AND sign their names....

The bylaws as well as your state condominium act will provide you with the procedure you must follow in recalling the board. Most commonly the specific wording requires the written signature of the unit owner or the signature of his proxy whom he,in writting authroized to act on his behalf. Undertaking a board recall is a major undertasking and it is therefore incumbent upon you to insure you fllow the dictates I mention above.Faling to do so would give the incumbent board reason to refuse to recognize that their neighbors have fired them and refuse to step down.

The bylaws as well as your state condominium act will provide you with the procedure you must follow in recalling the board. Most commonly the specific wording requires the written signature of the unit owner or the signature of his proxy whom he,in writting authroized to act on his behalf. Undertaking a board recall is a major undertasking and it is therefore incumbent upon you to insure you fllow the dictates I mention above.Faling to do so would give the incumbent board reason to refuse to recognize that their neighbors have fired them and refuse to step down.

A little over a year ago, we removed our entire Board for fiscal mismanagement and just plain mean-spiritedness. In order to make it 'clean' we did it at a special meeting (with the proper quorum) and followed the procedures in our Bylaws to the letter. When the old Board realized what we wanted to do, they tried to adjourn the meeting without a vote. We prevailed in part because we knew Robert's Rules of Order perfectly. We removed the old Board and installed a new Board in less than three minutes, every t crossed and every i dotted.

This past summer the Florida legislature enacted a miodification to their state condo olaw. The added a requirtement that within 90 days of being elected to the board o0f directors the new member was to sign and submit an affidavit attesting to his having received training in the aopolications of Roberts Rules to managing a meeting. So What you say-well after swearing to that training what do you think could happen if subsequently that new member was fouind to have on a significant number of times mis applied Roberts Rules to gain an unwarranted advantaghe?? Some pretty heavy fines coukld come down because violatging ghis sworn oath would strip the usual immunity to a board member which prevails as long as his actions-even if mistaken- were made in good faith. But bad faith opens the door wide!

This past summer the Florida legislature enacted a miodification to their state condo olaw. The added a requirtement that within 90 days of being elected to the board o0f directors the new member was to sign and submit an affidavit attesting to his having received training in the aopolications of Roberts Rules to managing a meeting. So What you say-well after swearing to that training what do you think could happen if subsequently that new member was fouind to have on a significant number of times mis applied Roberts Rules to gain an unwarranted advantaghe?? Some pretty heavy fines coukld come down because violatging ghis sworn oath would strip the usual immunity to a board member which prevails as long as his actions-even if mistaken- were made in good faith. But bad faith opens the door wide!

Scott, I think you are mistaken. In Florida The Condo Act better know as Florida Statute 718 , does NOT require the use of Robert Rules. The new laws passed in July 2010 do require new elected or appointed condo directors to within 90 days either sign an affidavit or take the state-approved class.

Susana-I'll accept your statement but the point is that siome rules have to be adopted by a board to cover the procedures to be followed in conduction thier meeting. Both sides-the board and the atendees need to be instructed as to how these rules will be implemented. My basic warning still pertains to the exposure the board will have to being held legally responsible for their failure to adhere to their own rules after swearing to the fact that they were trained in implementing those rules-whatever they may be.

Richards, 
 
 
 
What constitutes a quarum? The number of people at the meeting that vote or the number of people in the association. I'm not sure. 
 
 
 
Thanks

Robin, it depends on your governing documents and state laws. As far as a board quorum and to be able to hold a board meeting, the quorum is set based on the numebr of directors. For example, if you have 5 directors, a quorum is 3. As far as a quorum of the owners or membership to hold an annual meeting or pass an amendment that varies depending on your documents and state laws, whichever has superior authority.

I believe the Florida statute requires a signature to attest to the fact that the Board member understands statute 718 and the by-laws of their own Association.

Leo, you just repeated what I said earlier. New appointed or elected condo directors in Florida have either sign an affidavit that they have "READ the association's declaration of condominium, articles of incorporation, bylaws, and current written policies and will work to uphold such documents and policies to the best of my ability and that I will faithfully discharge my fiduciary responsibility to the ssociation's members." There is no requirement to "understand" or "interpret" the Statutes. That is up to attorneys. Not even licensed community association managers can offer what may appear as "legal" advice.  
 

Sorry, a few words are missing from my above post. It should read: new appointed or elected condo directors must either sign an affidavit or, take the 4 or 5 hr. state-approved course provided by state-approved instructors.

our community is considered a co-op but we have a council and a hoa this is a new council just elected in but worse than the last we had to take the old council to court to retrieve the money he took out of the hoa funds we did win the case but this new council o give it back to hoa they said it belongs to council we need help we would like to take this council to court also but it seems like an ongoing fight

I'm an attorney and have been the board's legal officer for almost two years (Farmington CT). How are you making out with your efforts?