Question: The posted agenda for board meetings of our homeowners association is not nearly as detailed as you suggested recently it should be. You said each item should be listed specifically. We simply list "Old Business" and "New Business." Any motions that are presented come as a result of the discussion in the meeting. We allow discussion from the floor at any point.
Answer: To conduct a board meeting properly, you should enumerate the specific items to be discussed. Failure to do so could invalidate any motions or decisions because proper notice was not provided to members and board members. Members could quite rightly say that had they known a particular item was scheduled for discussion, they would have been there to speak for or against it. It is always best not to surprise people by taking actions about which they knew nothing.
I have a two-page report written by a parliamentarian that discusses meeting procedures. For a copy, send a stamped, self-addressed, business-sized envelope to me at the address at the bottom of this column. Mark your outer envelope "Mr. President."
Stain keeps coming back
Question: I had a roof leak last year in my townhome that left water stains on my ceiling. The board sent the handyman to patch the roof and, after the ceiling dried, I painted over thestain. Shortly after, the roof leaked again, and again I had a stain. Again the roof was repaired and that seemed to fix the problem. I painted the ceiling again. Last week, during a heavy rain, I was flooded even worse than before. Since the board has neglected its duties, should the association pay for painting my townhome?
Answer: In most cases, the association is not responsible for damage to your personal property. Since the ceiling paint is personal property, it will be up to you to repaint the stained area and replace damaged furniture. It may not seem fair that the association has no responsibility for your loss, but it has no control over acts of God.
If the board had failed to attempt to correct the roof leak, you could more likely hold it accountable for neglect. About the only thing the board is guilty of is poor judgment for hiring a handyman who was not a qualified roofer. Your recourse is either in the courts or in filing a claim with your insurance company.
Get a sponsor for topic
Question: I want to place a subject on the agenda for a vote by residents at the next annual meeting of our homeowners association. What is the procedure?
Answer: You must put your request in writing and submit it to the board of directors. I suggest that you recruit a board member to sponsor the suggestion. The board must vote at a board meeting to approve adding your item to the agenda.
You cannot simply stand up at the annual meeting and announce that you want the members to vote on something.
If you are requesting a change in your covenants, deed restrictions or other legal documents, the board should have the association attorney review the proposed change to make sure it is legal and enforceable and is properly worded. The attorney should submit a final draft of the amendment to the board. Sufficient time is required to communicate and to provide public notice of the proposed change to the members so they can learn about the issue and decide how to vote before they walk into the meeting.
There are some topics that it may not be proper for the members to vote on. For example, you cannot vote to limit the amount of maintenance fees or special assessments. That is a fiduciary responsibility of the board. Personal objectives should not be voted on, such as seeking approval for a commercial venture in which you have a financial interest to use the common areas.
Your task may be easier than you think. There is always the possibility that your request falls into the realm of matters that can be handled by the board without member approval.
- 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.
