Younger couple probably don't violate 55-plus rules
By RICHARD WHITE
Published July 3, 2004
About two years ago we amended our documents to make our condo a 55-plus community. Recently a young couple bought a three-bedroom apartment in our building. They said their parents would live with them. Our documents say only single families can live here. Are they violating our documents?
First, here's the rule on 55-plus communities: Eighty percent of the units must be occupied (not owned, but occupied) by at least one resident 55 years of age or older. It sounds as though your unit owners comply. Second, the definition of "family" is very fluid these days. Only 25 percent of home buyers fit the old definition of two parents with a couple of children under age 18. Given that they are related by blood and marriage, you may have a hard time proving they're not a family. Your only option is occupancy rate. If your documents do not address the number of occupants permitted per room or per sleeping room, your city or county ordinances may do so. Of course, you'll have to be sure that you are applying that standard equally to all your other residents.
Illness of the presidentOur association president is ill and temporarily cannot carry out his duties. The vice president has taken over. How do we refer to the vice president in a newsletter article: President pro tem? Acting president? Vice president?
See if your documents refer to this situation. If not, and if the illness is short-term, let the vice president fill the position as acting president during the interim.
If this is a long-term illness, I suggest that the board elect a new president to fill the rest of the term, or allow the vice president to assume the presidency. You can also ask the ill president to resign as a director and appoint a new director to fill the seat.
Put topics on the agendaAt our yearly general membership meeting, a motion was made from the floor and seconded. The board said we could not make a motion or vote from the floor because the item in question was not on the agenda. All the agenda said was, "General meeting, open discussion." Does this agenda rule apply to general meetings?
Yes. All topics on which discussion, motion and vote are expected should be submitted in advance and placed on the agenda. That way, all members have a chance to study the issue and be present to vote. Imagine how you'd feel if you learned only after the fact that a subject important to you had been voted on at a meeting: "If I'd known, I would have been there."
Membership meetings aren't free-for-alls in which anything and everything can be brought up for on-the-spot action. Often I as a manager am confronted by a unit owner who wants something discussed immediately. When I say, "Please put it in writing," the owner refuses, saying that just talking it out should be enough. It isn't.
Your board was right to say the matter should have been brought up before the meeting, placed on the agenda with proper backup information for an informed discussion, and publicized to the members so they could be present and vote.
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 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.