How to handle the chronic complainer
By RICHARD WHITE
© St. Petersburg Times
published August 31, 2002
Question: Our condo's rather inexperienced board is trying hard to do the right things and has the support of almost all the residents. But three highly critical individuals are causing a lot of turmoil. They disrupt meetings and harass everyone with letters and e-mail. How do we deal with these obnoxious pests?
Answer: Every association has its problem owners. These owners have the right to send letters and e-mail, and under certain guidelines they can speak at meetings. But remember, a board meeting is a time for the board to conduct its business; it is not a unit owner complaint session.
I suggest that the board develop policies and guidelines for meetings. For example, unit owners must make a request in writing if they wish to address the board on a specific agenda item and can speak for a limited time (say, three minutes). If a unit owner disregards the rules, have someone adjourn the meeting and everyone stand up and leave the room, leaving the problem child in the room alone. Sometimes you may need stronger action, such as court restraints or police at the meeting, but that is usually reserved for extreme situations.
Time for a new board
Question: Our condo is self-managed. Since the new board was elected six months ago, not a single meeting has been called to inform, discuss, plan or deal with our problems. Many members don't want to get involved. Board members meet behind closed doors, no minutes are recorded, no financial declarations are disclosed, and no one explains what is going on. What can I do?
Answer: Usually there is no requirement that a certain number of meetings be held, but check your bylaws to see if they include such a requirement. Any time the board meets and a quorum is present, it is considered a meeting, and proper advance notice must be posted and minutes must be taken.
You are more than halfway through the year. It is time to start thinking about new board members. Start working on the residents who say they don't care and get them involved.
Pay annual fee right away
Question: I purchased a second home as an income property. The sellers informed me that the house is part of a neighborhood association and said they had paid the annual fee. They could provide no information about the association, nor did the association make any attempt to contact me. This week the association's lawyer sent me a certified letter demanding payment of this year's fee, which he claims was due in January. The letter also charged me for all expenses incurred and said a lien had been placed against my house. The letter claims I failed to respond to previous notifications, but I received nothing. Should I just pay, or should I seek legal advice to set the record straight?
Answer: Pay immediately. It is not the association's responsibility to know when a new owner buys a home in the association. Buyers must protect themselves by having the closing agent or attorney contact the association before closing and provide the association with proof of closing (a copy of the deed or the closing statment) and a mailing address for the new owner. How would the association know your address if you don't live there?
You relied on the seller, who provided incorrect information about payment of the fee. You purchased this income property apparently without checking into the deed restrictions. Some communities restrict rentals, which you might have wanted to know before you purchased a property you intended to rent. Always contact the association before signing a purchase contract.
- 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. Access the Bureau of Condominiums Web site at http://www.state.fl.us/dbpr/lsc/index.shtml; 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.
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