Monday, June 9, 2008

Condo Board: Who is the boss?

Yep. There is the question that is always posed and seems to have everyone, still scratching their heads. Here is something that appeared in the Miami Herald recently that tacles this question...

CONDO LINE
Who is the boss on condo board?

By RICHARD WHITE

Q: If the condo board is elected by popular vote and the president is chosen by the board, where does the authority rest?

W.W., Treasure Island

A: The board is composed of directors and officers. Directors have the responsibility for the operations, management and maintaining of common areas. This responsibility cannot be transferred to others. However, they can assign duties.
Many of the duties of the officers can be found in the bylaws but the board can also create policies and guidelines for the officers. As a simple answer, the president is a servant to the directors.

Q: You addressed the issue about recording minutes into permanent records of meetings held by a quorum of board. What about e-mails or other special meetings where no agenda was posted? I cannot find anything in FS 720 that addresses this issue. What should a board do if it has an informal meeting and minutes are taken?

R.R., Oldsmar

A: Anytime a quorum of directors meets to discuss association business, it is considered a board meeting and a notice of the meeting must be posted and the meeting must be open. If less than a quorum of directors meets to discuss business, it is not a meeting. Directors can send e-mail and make phone calls in the course of day-to-day business and communicating. Those are not considered board meetings and a notice is not required.

Q: Is it against Florida law for a non-member to attend a condominium association board meeting?

N.E., Tampa

A: The statutes do not address this. Perhaps your documents restrict attendees to members.

If your documents do not limit who can serve on the board, an adult non-member can be elected to serve as a director. This leads me to believe that any person can attend meetings.

http://www.miamiherald.com/home/story/552467.html

1 comments:

Soledad Dorr said...

I have a problem that can became a domestic-legal issue,
I rented an apartment, here in South Beach West ave, $1,250 that included a $600 fee for each cat, and deposits, etc. and that somehow they cheated me here because this dept. uninhabitable, and I am already sick.
When I moved, and now still living, the first week I could not be inside, I knew that I could not breathe, the atmosphere was strange and I do not understand what was happening.
Until the discovery that 2 weeks, I took clothes to go to the gym and I found them wet, moist almost wet.
The day after my complaint, they brought me a dehumidifier.
The result is that air conditioning noise, adding the dehumidifier noise that I can not turn off ever since I have to through 2 bucks full of water per day minimum. Imagine if I turn it off this is a fishbowl.
All emails and complaints into nothing and pretend that nothing happens. Nobody is answering me.
I found out that 80% of the building has also set a dehumidifier in each apartment for the same reason. I learned that this flower of Mold building unstoppable, and that people are afraid to speak. I have sent thousands of emails.
I had before a “passive asthma” I've had no problems, but here I became addicted to “breath-medicine” dramatic daily, most incredible and unstoppable allergies caused by mold and moisture.
Every day I have breathing problems and I get up super bad. At night if I wake up or at least once or twice seeking the “breath medicine” because I can not breathe. In the morning is again.
When he returned from a short trip earlier this month, I found my small suitcase that had been left in the closet and full of Mold.
The issue is that it is expensive for the lousy condition of the building, every week we are out of power or hot water or air conditioner, always is something, or we don't not have elevators, living in the 11 sometimes I am afraid to be trapped inside of the elevator.

The truth is that I do not know what or who to ask. I need probably to leave asap, I don't want to pay 1300 dls this next month and lose the deposit; what happens to the lease to expire until June.
That it is in these cases, we resort to a legal claim situation?
Is somebody from the City Hall or official office that can help on this?