Being a board member isn't easy
By RICHARD WHITE, Times Staff Writer
© St. Petersburg Times
published April 26, 2003
Question: I can barely afford the fees levied by our association. The board has approved a budget that increases our fees, as well as a special assessment for roofing. Many of my neighbors are in the same financial position as I am. Why does the board have the right to raise fees and charge special assessments? Shouldn't the members vote on this? It seems the board has too much power to take our money.
Answer: Each year you should have an annual meeting and election of board members. These board members have a fiduciary duty to the members and are responsible for the operation, maintenance and financial business of the association and its common areas. To maintain the common areas, the board must have the right to raise funds for the property's upkeep. Many times, unit owners view the board as an outside power that raises the maintenance fees whenever it wants to. But serving on the board and making financial decisions are tough jobs, and someone has to do them. It is your responsibility as members to elect the best people to manage your association's affairs.
Attorney Joseph R. Cianfrone of Dunedin, a past president of the Suncoast chapter of the Community Associations Institute, has written a two-page report on the powers and duties of the board. The report explains where the board derives its powers, what the powers are and how the board can lose its powers. For a copy, send a business-size, stamped (37 cents), self-addressed envelope to me at the address at the end of this column. Write Board Powers on the outside envelope.
Election rules have changed
Question: For a number of years we have chosen our board from the owners who attend our annual meeting. Recently we hired a management company, which tells us that procedure is incorrect. The company says we have to send out two mailings and the unit owners may not nominate from the floor at the annual meeting. There is much grumbling and indignation about this. Can you enlighten us?
Answer: FS 718.112 says that after Jan. 1, 1992, the directors shall be elected by written ballot that is mailed to all members. Apparently, your association did not update its procedures as required by the statute amendments. I would not worry about past elections, but I would make immediate changes for future elections. Ask your association attorney to explain the correct meeting notices and election procedures. The statutes do allow members to change the statutory election requirements, but before you do that, I suggest you give the new system a chance. The changes were made by the state to eliminate complaints of election shams. The procedures are good, and they do work.
Specific agenda is needed
Question: Our board posts the required agenda to notify unit owners about meetings. But the agenda doesn't say which issues will be discussed, only the order in which items will come up. For example, the agenda will say, "Old Business," then "New Business," but it doesn't enumerate the issues to be discussed. The owners have no idea if items they might wish to speak or know about will be considered.
Answer: The Condominium Act, FS 718.112, says that only items listed on the agenda may be discussed at the meeting. This leads me to believe that if an item is not listed specifically on the agenda, it cannot properly be discussed and approved. This means that under Old Business or New Business, each specific item to be discussed should be listed.
- 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 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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