Question: Is it legal for a husband and wife to serve simultaneously on the board of directors, which consists of three people? Our bylaws say each condominium parcel is entitled to one vote.
Answer: This question comes up often, so I consulted a lawyer. Her reply: State statutes place no limits on the qualifications to serve as a director for husbands and wives, parents and children, siblings or nonrelated friends and lovers. Any limitations will be found in your association documents, so look there first. As directors, each has one vote at board meetings. As unit owners, they get one vote per unit at the annual meeting.
I personally don't like that much power centered in one family. It may be legal, but it's not a good idea.
Let property manager chair meetings
Question: Our president rents out her unit and does not live in the community. She declines to chair the meetings, designating the property manager to do so. Should she chair the meeting?
Answer: No. The manager usually has more experience and can conduct the meeting using impartial controls and proper procedures. Conducting a meeting takes concentration and attention to detail that could distract the president from her duties as a director and officer. She is more effective as a board member when she allows the manager to conduct the meeting.
When I conduct board meetings they run more efficiently, we complete the necessary business and we adjourn in a short time. If the president runs the meeting, you may find that political overtones or bias may arise.
Wanted: copy of minutes
Question: Before leaving Florida this spring, I requested that a copy of the minutes be mailed to me at my summer address up North. After two months I received a letter from the manager that said state statutes say the official records must be maintained in the state. The letter goes on to say that the records may be inspected and copied on the association's property. Is a copy of the minutes considered an official record? It seems to me that the original, signed copy is the official record, not just a photocopy. Has the manager responded properly?
Answer: Procedurally, the manager should attempt to comply with the request to mail copies at a reasonable cost. I believe the board has stepped in and instructed the manager to send you the letter. Send a letter to the board, certified mail, requesting copies of the minutes. You should expect a reasonable cost for copying and mailing.
I handle these requests by asking the unit owners to provide stamped, self-addressed envelopes, and I add the copying cost to their monthly fee account.
You are correct: A photocopy is not an official record.
- 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.
