Community Living
New board must set policies, procedures
By RICHARD WHITE
© St. Petersburg Times
published December 7, 2002
Question: I am a board member in a condo where control was recently transferred from the developer to the homeowners. Can the board hold workshops without the general membership being present? At our last meeting, a number of owners showed up and disrupted the meeting. Must we send notices of a business meeting to all members, or can we post a meeting notice 72 hours in advance of a workshop and still comply with the law?
Answer: Any time a quorum of directors meets, it is an official meeting that must be publicly announced on a bulletin board 48 hours in advance, and members may attend and observe.
Your new board's first order of business is to establish operational policies, including procedures for board meetings, collections, rule enforcement and creation of committees.
Appoint a committee of directors (fewer than the number required for a quorum) and any number of non-board members to work on guidelines, draft policies and issue draft reports for the board to study. At the next board meeting, the board can move to amend, accept or refuse the committee recommendations and policies. Once they are accepted, they can be acted upon by members of the board or management at any time.
The board meeting policy should address members' rights to address the board at meetings. Often these policies require that those who wish to speak give the secretary written notice in advance and that they speak only about subjects on the agenda. Remember, a board meeting is a business meeting for the board. It is not a general membership meeting or a gripe session. The board needs to control its meetings. If unit owners persist in interrupting, the board can adjourn the meeting and leave the room.
Create two bulletin boards
Question: What can be placed on the bulletin board? Is it the place for only official notices, or can we post notices about clubs and activities there? Must we post notices in several languages to accommodate our non-English-speaking members?
Answer: The board should select an official bulletin board that is restricted to official notices. It should have a lock and a glass front to restrict access and secure the content. If you have speakers of others languages among your members, it is proper to post the notices in several languages.
You should have a second bulletin board for unofficial notices, which would include social events, clubs, etc. Establish a policy for using the bulletin board: size of notices, limits on how long notices can be posted. That policy can limit the content of the notices to prohibit commercial advertising or political content.
Beyond manager's responsibility
Question: Suppose a condo owner finds a safety problem, such as a dead or decaying tree that is in danger of falling on his roof. The owner reports this to the property manager in a certified letter, return receipt requested. Does liability then shift to the property manager if he neglects to repair the problem in a timely manner? If the dwelling is subsequently damaged and the owner faces a loss, is the property manager liable for the damage?
Answer: The manager has no responsibility for the operations, maintenance and safety of the association. That responsibility is the charge of the board of directors. The manager can be assigned duties and can be instructed to enforce policies or make expenditures approved by the board, but the board has the ultimate responsibility for the association.
If the manager fails to communicate problems such as you outline, he can be held accountable for neglect of his duties. You should have addressed your concerns to the board and not the manager. It is the duty of the board to determine if the complaint is inappropriate or appropriate. The manager has no authority to spend the association's funds to make the repairs unless the board approves the contract or the work.
- Write to Richard White, c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731; or e-mail him at CAMquestions@att.net. Please include your name and city. Questions should concern association operations; legal opinions cannot be offered.
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 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.
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