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Community Living
Handle important repair quickly, efficiently
By RICHARD WHITE
Published July 30, 2005
Q. Our insurance agent recently notified us that all air-conditioners must be anchored to the existing concrete pads or our policy may be canceled. The air-conditioners are listed as limited common elements, and the responsibility for maintenance and repair rests with each unit owner. How do we get owners to comply with this requirement? Can we approve a special assessment? I can't imagine waiting for each owner to do the work; that could take forever, and we need to act quickly or our insurance could be canceled in the middle of hurricane season.
A. First, notify the board of the problem and send each member a copy of the insurance agent's letter. Next, the president should appoint a committee of other board members to seek bids for the work, or should authorize the manager to obtain the bids. Third, notify the insurance company of the steps you are taking. Fourth, send a notice to each unit owner explaining the situation and saying that a special assessment to pay for the work will be discussed at the next board meeting. At that meeting the board reviews the bids, selects a vendor, and approves a special assessment.
Interviewing new buyers
Q. When we interview prospective buyers in our condo association, we ask them to do some self-evaluation to decide if they will enjoy community living. (Of course, by that time it is too late, even if they are totally honest.) Can you suggest some of the topics we should cover? We're thinking of things such as sharing common property, resenting authority, participating in governing, etc.
A. Inappropriate questions can open you up to a discrimination complaint. I suggest you develop a standard set of interview procedures and questions and get your attorney to review them. Print out a copy of the questions for each interview, note the answers and place the copy in the unit file.
Document requirements differ from one association to another. Keep the interviews short and to the point. They should be of an educational nature: "Have you received a copy of the documents and have you read them? Have you ever lived in a condo or deed-restricted community?" The answers provide helpful information about your new neighbor. This process, by the way, is a two-way street: This is also a good time to ask prospective buyers what questions they have for you.
No quorum, no violation
Q. An officer in our homeowners association made phone calls to each director about a recent board action. Was this improper under state statutes, the Sunshine Law or Robert's Rules of Order?
A. Talking to other board members is not a violation as long as no quorum is present. Any final decision must be discussed at the next board meeting and a vote taken to approve the action.
The operations of your association continue every day, not just at board meetings. Directors need to discuss business and operations routinely. As long as no quorum is present and no final decision is made, there is no violation. Homeowners associations, by the way, are not governed by the Sunshine Law.
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@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 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.
[Last modified July 29, 2005, 09:02:04]
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