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Community Living

Right to attend meeting may not be the issue

By RICHARD WHITE
Published July 1, 2006

A committee chairman, appointed by the board president, has asked that the directors not attend his committee meetings. Don't directors have the right to attend all committee meetings because they are board members?

The short answer is yes, directors are entitled to attend committee meetings, bearing in mind that a quorum of directors should not be present. That would turn it into a meeting that requires public notice to all members and the keeping of minutes.

What may be at work here is that committee members feel constrained from speaking freely in front of the directors. The chair may be trying to create a situation where his members can speak openly, think out loud and creatively examine alternatives.

Committees provide the board with answers to problems, fact-finding, proposals and recommendations. They don't make final decisions; that's up to the board.

Warning: cameras at work

Someone damaged the security gate at the entrance to our homeowners association; the repair cost $1,500. We're thinking about installing a security camera to deter future vandalism. Must we post a sign indicating that security cameras are operating in the area?

It might be just as effective a deterrent to post the signs instead of installing the cameras. I find nothing in the statutes that addresses this issue. These days security cameras are virtually everywhere, without warning signs. You might ask the dealer you're working with what his experience has been in similar situations.

First, define your terms

In the past year or so, some occupants (both owners and tenants) have turned out to have criminal records and have caused trouble in our community. Our bylaws say that background checks must be conducted before anyone can buy or rent. I know this isn't being done or is being ignored. Can we amend our bylaws to keep out paroled felons, child molesters and other identified risks?

Don't confuse screening with background checks. Many documents do require screening, but you must proceed carefully lest you violate someone's civil rights. Screening may involve such things as a credit check, verification of employment and Social Security number, confirmation of previous addresses, and letters of reference.

Check your documents to see if you have the authority to conduct criminal background checks. If you don't, it may be illegal for you to do so. Seek your association attorney's guidance in establishing and enforcing screening and background-check policies.

If your documents do grant you the right to check backgrounds, a company like Renters Reference can help (toll-free 1-800-432-0606). For a fee, they will conduct criminal background and credit checks.

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 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 June 30, 2006, 10:32:18]