Question: Our board of directors has seven members. Two months ago, two members resigned, and the remaining five members decided to hold those positions vacant until the next election.
The board sent out a notice of election announcing that seven seats would be open. Usually the seats are not contested and the existing board members serve for another term. But this time nine people came forward to run for office (including the five already serving on the board).
Our documents say that our board may have between three and nine members. The board held a special meeting after the nine candidates declared themselves and decided to expand itself to nine members, so once again there will be no election.
It seems the incumbents are afraid to stand for election in a real competition. Is this legal?
Answer: Usually the number of directors on the board should be approved by the members, not the board. However, there may be a section in your documents, usually in the bylaws, that permits the board to make that decision.
The statutes do require the board to fill vacancies. It appears that the board is making the decisions for political reasons. I suggest that you send the board a letter about your concerns and ask that the matter be discussed at the annual meeting.
Frustrated repairman
Question: I have taken over the maintenance and cleaning for a condo. Many things have been improved little by little as I have put in lots of effort. But it has been a nightmare for me because of acts of vandalism, of which the board is aware.
Almost every time I fix something, some of the owners are damaging or sabotaging my work. Most of the owners are not aware of the problems, because nobody knows or sees the damage.
Shall I keep fixing doors, locks, etc., forever and ever and keep spending more and more money on these double and triple repairs, or can you suggest other solutions?
Answer: Ask if you can make a report on vandalism at the next board meeting. Make the owners aware of the problems and the cost to repair the damage. Ask for help from the owners. Remind them that it is their money. Have the board approve a motion that anyone found vandalizing will be reported to the police.
Next time you have any damage, make a report to the police. Post a copy of the police report on the bulletin board for the members to read. Turn up the heat on the vandals and let them know that they will be held accountable for the damage.
Directors can be social
Question: If the directors are invited to a cocktail party, can association questions be discussed? Is the answer different for homeowners associations and condo associations?
Answer: Whenever a quorum of directors meets to discuss association business, that is considered a meeting, which must be properly publicized and open to the membership.
FS 718.112 (condominiums) and FS 720.303 (homeowners associations) have almost the same requirements. They do not limit social events attended by directors, who do not sacrifice their right to enjoy life when they become directors.
For example, if a foursome constitutes a quorum of your board, those four people could play a round of golf together as long as they don't discuss business. You could invite your entire board to a cocktail party as long as they don't discuss association business.
- Richard White is a licensed community associations manager. Write to him 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 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.
