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Community Living
Members have right to observe board meetings
By RICHARD WHITE
Published February 26, 2005
Do members have a right to watch our board conduct meetings? Our condominium board meets in a small office with the door closed. No meeting notice or agenda is posted. The board approves expenditures in secret, and we never know who voted on the motions.
A. The statutes are very clear. Any time a quorum of directors meets to discuss association business, the board must post notice and allow members to observe. The sources for meeting information are FS 718.112 for condominiums, FS 719.106 for cooperatives, and FS 720.303 for homeowner associations. If the board is not holding open meetings, it is in violation of the statutes and could be fined for improper meeting. Send a letter to the board informing members that these meetings are improper and asking them to hold open meetings. If the board fails to answer or to correct the situation, report them to the state condominium division.
See you in September
Q. Is there a limit to the length of time board members can be away in the summer?
A. Unless your documents say otherwise, there is no limit. With the Internet and e-mail, directors can stay informed about association business wherever they are. Absent directors can attend board meetings and vote by speakerphone.
Board can't eliminate sauna
Q. Can a condo board eliminate our sauna because it needs repairs?
A. The board has a responsibility to maintain the common areas. The board has no right to eliminate maintaining the common areas or to make additions or changes without owners' approval.
Raising fees is essential
Q. Each year our condo raises the budget and the fees, and our owners agree to it. Several new owners are wondering why our fees increase annually. Is an annual fee increase legal?
F. The statutes require the board, not the owners, to establish an adequate budget each year. FS 718.112 is the basis for the requirement. Most people understand that inflation and the cost of living increase as time passes. Things wear out and must be repaired or replaced. These factors almost dictate that your budgets and fees must increase every year or two. An association that never raises fees is a problem association because there is no way the common areas can be maintained.
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@cfl.rr.com 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.
[Last modified February 25, 2005, 09:20:07]
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