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Key policies will help avert accusations

By RICHARD WHITE
Published February 3, 2007

Q: I was appointed holder of the unit keys for our condominium. One elderly woman accuses me of stealing every time she misplaces something. How can I protect myself?

A: The board should approve a security policy concerning the keys. One way is to obtain a locking or sealing box on which the seal will break if key is removed. A simpler way is to put each key in its own sealed envelope. If a key is used, the envelope will show that it was opened. Above all, create a logbook to record when a key was used, the time of use, and who took the key. I suggest that no one enter a unit alone. Always go with at least one companion.

As to the woman who accuses you of theft, invite her to come to the office. Have her place the key in an envelope, seal it, and sign her name across the sealed flap. Next time she complains, invite her to the office and show her the unopened envelope.

As to her accusations, she must have proof that you entered improperly and removed the item. With no proof, she has no basis for her allegation of wrongdoing.

CPA's report vital

Q: Our condominium association voted to waive the requirement to have a complete set of financial statements prepared by a CPA. This association is 30 years old and apparently has never had a statement prepared by a CPA. I thought that this might be a good thing to do, but I was voted down. What do you think?

A: If I were a board member, I would want proof from a third party that the funds were properly accounted for. As a manager, I would want the same. As an owner, I would want to have a third party independent of the board provide an examination to ensure that funds were properly balanced.

Yes, it is expensive, but it is critically important for the historical records of the association. As a manager, I recommend that the board make the decision, not the members. Don't run away from this one. Failure to do proper financial reporting can set up situations where funds are missing and records are incomplete.

Marriage changes everything

Q: When I married last year, I notified my association of the name change and sent it a copy of my certified wedding license. I thought the records had been changed to reflect my new legal name, because I received all correspondence from them in my new name. I was surprised to receive my assessment coupons in my old name. The office now says it needs a copy of the recorded warranty deed in my new name in order to change the records. It has a copy of the original deed from when I bought the property 10 years ago. Why does it need a new one?

A: You must change your name on the deed and on the tax roll, then send a copy of the corrected deed to the association.

When I receive only a unit owner's letter announcing a new name, I change the records to reflect the new name in brackets: Mary Smith [Jones], indicating that the deed is still recorded in the unmarried name. Many legal notices that the association is required by law to deliver to owners must be sent to the owners of record. If names on the association's paperwork are changed but the legal documents aren't, those notices may become invalid.

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.

[Last modified February 2, 2007, 19:45:40]