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Community Living

Close window now on altering exterior

By RICHARD WHITE
Published October 14, 2006

Q. Two homeowners in our condo recently replaced their windows with picture windows. Our documents are silent on the subject of windows, but the board has published specifications that prohibit replacing windows with nonconforming styles. The board has issued reprimands to these two owners, but no other action has been taken to correct the situation. Would other owners be allowed to make the same change? Should the board force the unit owners to replace the picture windows?

A. Your board is responsible for maintaining the exterior appearance. Changing a window style alters the exterior. If the board doesn't enforce the policy now, it may be unable to do so in the future. Sending the letter is a good first step, but the process doesn't stop there. If the owners refuse to return the window to the original design, then the matter should be turned over to the association attorney.

All directors must vote

You state that, in order to comply with state statutes, all directors must vote on all matters. You did not clarify whether you were addressing condominiums or homeowner associations or both. We are an HOA and I have attempted to search through 617 and 720 to find this requirement. Can you cite the reference, please?

My comment applies to both homeowner associations and condominiums. This is not a case of "superseding" Robert's Rules. Robert's does not address the subject of director voting. Each director is required, by state statute, to cast a vote on every issue in his or her capacity as a director. Officers vote not as officers but as directors. They are elected first as directors and only secondarily as officers. The responsibility of being a director is a superior title over that of the officer position.

The section for condominiums is FS 718.1111(b) and for HOA is FS 720.303(3). Any director present at a board meeting must vote and have the vote recorded in the minutes.

Be fully aware of insurance

Q. The policy in our association is that a certificate of insurance comes directly from the insurance agent, not from the vendor. Today's color copiers make it easy to fake or alter a certificate. Our policy puts the burden on the insurance agency to notify certificate holders if the insurance coverage changes. We write language into our contracts requiring contractors to obtain and provide certificates for any sub-contractors they hire.

A. You are correct that the certificate should come directly from the insurance company or agent. However, I have encountered another problem of which you should be aware. A vendor contracted to do a job and the agent issued a current, valid certificate of insurance. Shortly after the contract was signed, the vendor cancelled the insurance. We were able to stop the work and cancel the contract because the insurance company notified the association. Associations must be fully aware of vendor insurance and must be named as an additional insured.

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.

This office provides no information about homeowners' associations. The state has no bureau or department covering those associations.

[Last modified October 12, 2006, 13:01:43]