E-mail is inadequate for voting by board
By RICHARD WHITE
© St. Petersburg Times
published June 8, 2002
Question: Can we, as a board, vote by e-mail if I keep records of the e-mails bearing a date and time? How does this differ from a telephone vote?
Answer: A few years ago the state of Florida changed the statute to allow absent board members to be considered present and eligible to vote if they participated by speakerphone conference calls. All members can hear and be heard. E-mail does not permit hearing the conversation. Therefore, I do not believe e-mail will be allowed in the future for voting by members at meetings. Videoconferencing is another possibility.
Furor over Canadian flag
Question: A Canadian couple in our adult community fly a Canadian flag by itself. I was under the impression that the American flag must fly over that of any other country. You'd think, after Sept. 11, that they would acknowledge the United States.
Answer: Most restrictions about flying the American flag regulate protocol and reverence. You cannot legislate respect. I do not believe your Canadian neighbors intend any disrespect. In fact, they are showing respect by honoring their own flag. Twenty-four Canadians were lost at the World Trade Center on Sept. 11. Furthermore, Canada allowed hundreds of diverted flights to land at its airports immediately after the attack when the skies were ordered cleared of all air traffic, providing accommodations and hospitality for days for thousands of stranded travelers. Canada has been a staunch ally in fighting terrorism on our common border.
Check reserves first
Question: Would you comment on condominium reserves, please? Our condo appears to be operating on a pyramid scheme: The first ones in profit, the last ones in pay. Our board refuses to establish adequate reserves for predictable future expenses such as roofing, painting and paving. Instead, we face the certainty of special assessments to cover these expenses.
Projections of the life of the community's amenities appear consistently overestimated, while repair costs are consistently underestimated.
Answer: I once managed a condominium where the members voted down the reserves each year. One owner gave an annual canned speech. He said he did not want to pay a sum each month into a reserve account, but would prefer to pay once when the need occurred. Well, the time came. The special assessment was over $3,000 per unit. Guess who was first to talk? He wanted to know why he could not pay this assessment over time for the next few months.
I offer this advice to prospective owners: Ask about reserves before you contract to buy. If they are nonexistent or low, reduce your offering price.
Write to Richard White, c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. Sorry, he can't take phone calls or provide personal replies by mail, but you can e-mail him at CAMquestions@att.net. Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney.
Readers may call the state Division of Condominiums Bureau of Customer Service at toll-free 1-800-226-9101 with questions or requests for materials. Or write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032. Please note that this office provides no information about homeowners' associations. The state has no bureau or department covering those associations.
You can access the Bureau of Condominiums Web site at www.state.fl.us/dbpr/html/lsc/co_page.html.
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