Please advise on the following: condo association's contracted management company has BREACHED their responsibility in NOT ENFORCING the DOCUMENTED GOVERNING RULES - BYLAWS- RULES & REGULATIONS - FLORIDA STATUES - the Property Manager related that they (management company) take direction from the Board of Directors. Our Board of Directors do not enforce the association's rules and have BREACHED their fiduciary responsibility to shareholders of their duty to have rules enforced by the Board members and to see that the association's management company carries out their responsibility as contracted to do.
Is the management company to be held responsible for breach of contract for not enforcing our rules AS BEING THE BOD DO NOT INSTRUCT MANAGEMENT TO D0 SO? or, are both the Board and management responsible for breach of duty alike.. Each have received complaint correspondences to this effect- to no avail!
Please respond with your comments and thanks