Community Living

Director's animal is getting the board's goat

By RICHARD WHITE
© St. Petersburg Times
published March 29, 2003

Question: One of our directors has been keeping a goat on his property in violation of deed restrictions that prohibit farm animals. He has been notified in writing that he is in violation, and we have levied numerous fines. The director says he needs the goat for his learning-disabled child and will sue the board under the Americans with Disabilities Act if he is not allowed to keep it. Our association attorney does not want to enforce the rule in this case. Because this man is a director, the board is concerned that failure to enforce the rule will be viewed as favoritism. Any suggestions?

Answer: I urge you to either do what your attorney says or approve a motion to do the opposite. If you don't like the answers your attorney is providing, ask another attorney, or instruct your attorney to seek a legal solution from the courts. I'm hearing your attorney say that he thinks you may not have a strong case. Like managers, attorneys make recommendations. They don't tell the board what to do and don't make decisions for it. It is up to the board to listen to the attorney's advice and then make its decision. It is the board's responsibility to enforce the rules. Your best course may be to let this one go to trial and let the court be the final judge, not your attorney or manager.

Board sets manager's duties

Question: How much authority does a condominium association manager have to sign documents and letters requesting financial information of prospective buyers, or to deal with financial information received from prospective buyers that was assumed to be private information directed only to the association itself? Does the manager have the authority to open a prospective buyer's application before turning it over to the association?

Answer: The board assigns rights and duties to the manager. This can include signing documents, letters and checks. It can include reviewing files from prospective buyers to make sure the packages are complete so that when the board sits down to screen buyers, all the information is there. Some boards designate the manager as assistant treasurer or assistant secretary to confirm his or her authority to signs checks or documents. Bottom line: The board determines the manager's duties.

Re-establishing amenities

Question: Our community is trying to determine whether amenities were changed or removed without the vote of residents required by our documents. Most of these changes were made 10 to 20 years ago; we can find no records to document how the alterations were made. What is the current board's responsibility? What should we do?

Answer: Since so much time has elapsed and the records are unavailable, you will need an attorney's advice about how to proceed. Probably the owners will have to vote to legally re-establish the common areas. Check the building department in your city or county, where the site plans and construction documents should still be on file. The original declaration and covenants will be on file in your county's public records office. Question your owners: Some of them may still have sales brochures or other documents from the original developer that spell out which amenities were there at the beginning. If the developer is still active in your area, contact the company and see what records it has. Real estate offices may have old brochures available that will enlighten you.

Recently I mentioned a book listing management and association fees but neglected to give its title or availability. It is Income Expense Analysis: 2002 Income/Expense Individual Metro Reports, available from the Institute on Real Estate Management at www.irem.org, or call toll-free 1-800-837-0706.

-- 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.

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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