Question: Our condo is in the middle of a debate about the doorknobs on each unit. Some owners want to change them at their expense. Others think we should make a unanimous decision and maintain the uniformity of the building. Our documents say that additions to common areas (those that the association maintains) must be approved by 100 percent of the unit owners. So the question arises: Are new doorknobs a replacement or an addition? The condo maintains the outside of the door to each unit, but the knobs are a gray area.
Answer: First check your documents, which should indicate whether the association has the duty and power to maintain doors and common areas. Members can amend the documents to allow changes to the doors, but I strongly urge that you consult your attorney so any amendments are made correctly and legally.
Let's assume your attorney guides you in amending your documents to allow alterations to the doorknobs. Now the board must establish the style, size and color allowed, along with other policies. Failure to do so may make it difficult to enforce your new policy. If you don't establish a policy about the style and color, you may find you have a mishmash of different doorknobs.
Committee meeting notices
Question: Since last March, when one of our directors retired from the board, we've been operating with six directors. Three, including the president, are on a committee. Must they post notices of committee meetings?
Answer: The remaining directors should have appointed another member to fill the vacancy. The quorum of your board is still four. Since only three members meet as a committee, no meeting notice is required. However, for the benefit of the members, a notice should be posted and the meetings should be open.
Don't confuse committee activity with day-to-day business. Day-to-day business is not subject to the same rules about notices and public attendance.
Fines for rule infractions
Question: Can a board impose monetary fines for infraction of association rules? How far can the board go to try to collect fines?
Answer: Fines may be imposed for rule violations as long as your documents allow fines. The board cannot create the power to impose fines unless the documents authorize it to do so.
If your documents authorize you to fine, state statutes require an independent committee, separate from the board, to review all fines.
I divide rule enforcement into two categories. The first is self-compliance: The board notifies a unit owner of a violation, the owner corrects the violation, end of story. In the second category, the unit owner refuses to comply. If the board imposes a fine (legal or not), how does it collect if the owner won't pay? The only option is to take the matter to court to collect the fine. If the board illegally imposed the fine - because the documents do not authorize the association to impose fines, or because the association has no independent committee to review fines - chances are the judge will throw the case out.
Even if the judge orders the owner to pay the fine, that still may not solve the problem of getting the owner to correct the violation. You may find yourself back in court on that point. By now you've spent thousands of dollars. For that reason I suggest that fining may not be the best way to attempt to correct rule violations. I recommend that your attorney take legal action to force compliance. My experience is that violations are corrected more quickly when a lawyer gets involved, and you may save money in the long run. The board should send the errant owner two or three letters, then turn the matter over to the attorney.
- 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; or 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.
