Question: The contract with our property management company calls for on-site maintenance. We have one full-time maintenance person who also performs personal services for resident owners during work hours. At a recent board meeting, one of our directors proposed that the employee's job description prohibit personal services. Several other directors overruled him. The ensuing debate included mention of state statutes that prohibit the use of association funds for anything other than association business. (Allowing the maintenance person to do private work while he's "on the clock" for the association would mean using association funds to pay him while he's working for others.) Why can't he do work for unit owners? It's nice to have someone around who can unstop a sink or replace a starter for our kitchen lights.
Answer: I'm never happy when the association or its employees start to do work for individual owners. It opens up the door to too many problems. There is the question of liability exposure and workers' comp coverage: If the employee is injured, who pays? There's the question of who pays for time and materials. There's the question of whether your maintenance man is doing work that should be performed by a licensed contractor or for which permits are required. There's a question of perceived favoritism or concern that private work may take priority over association chores. There's the possibility that he will do unsatisfactory work and owners will want the association to make things right.
Despite all this, if your association feels the need to provide services for owners, start a work-order system, in which the work is performed and billed back to the owner. Seek advice from your CPA, attorney and insurance agent. Read your documents to see whether they place any restrictions on this practice.
Removing board member
Question: One member of our board threatened a homeowner with physical violence during a heated conversation. Can we legally remove him from the board and prohibit him from running in future elections?
Answer: Boards usually have no power to remove a director, who is elected by the membership. You can make sure that the director has no specific duties or assignments, and if he is an officer (officers are elected by the board), you can replace him. I do not believe in public reprimands, but I suggest the board or its attorney send this person a letter directing him to calm down and limit his actions. Say that the rest of the board does not support him and feels his actions were out of line. As for seeking office again, state law says candidates can be prohibited from running only if they are not of legal age or if they have criminal records. You may just have to trust the electorate that if he's as bad as you say, they'll have sense enough not to vote for him.
Get the information out
Question: Many of our new owners claim they were not told we have a homeowners association and never received copies of the documents. How do we get information to new buyers?
Answer: First, notify your owners that they have an obligation to tell prospective buyers about the association and to provide them with copies of the documents. Tell them that if they fail to provide the information, they can be held accountable.
Second, you need to get the word out to the real estate community - realty agents, title companies, attorneys - that your community is governed by an association. Tell them that each buyer needs a copy of the documents and rules. Have extra copies available that you can sell for a reasonable cost that is reimbursed by the closing agent. (Or perhaps you have your documents posted online at your association Web site and you can simply direct agents and title companies there.) You'll probably find that there are only six to 10 agents and title companies doing most of the work in your community, and the word will get out quickly. You can gather the names of agents who "farm" your community by driving the area and jotting down their names and numbers off "For Sale" signs. I suggest you hand out copies of your documents to agents who routinely work your community to keep on file and copy for their prospective buyers. Agents are typically glad to have this information so the sale can go forward without a snag.
- 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 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.
