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Letter to the editor

Condos: Overbearing officer should be removed

By Richard White, Special to the Times
Published November 10, 2007

Q: One of our officers persistently ignores board votes and orders the property manager to ignore the directions of the board. The manager tells me that the treasurer routinely refuses to pay bills and threatens the manager's job security. Is the manager doing something illegal by failing to carry out board directives?

A: It's up to the board, not the manager, to resolve this situation. They as a group are in charge, not one member who takes it upon himself to countermand their decisions. I suggest that the board remove this individual from his position as an officer. They can do this at a properly called board meeting. The board cannot remove him as a director, a position to which he was elected by the membership, but they can remove him as an officer, a position to which they elected him.

Then the board should name one person who is the day-to-day contact with the manager. No manager can answer to multiple bosses.

Removing unsightly vehicle

Q: Do we have the legal right to have a vehicle removed from an assigned parking place without the owner's consent? The vehicle has no license tags, the tires are flat and it's leaking oil.

A: I'm assuming you have written the owner a letter or two asking him to make the vehicle operational and get it licensed, or remove it from the premises. Check with your association attorney to see if your documents authorize you to have the vehicle towed. If they don't, your attorney can help you craft appropriate language giving you the right to do so.

Check with your city or county to see if there are ordinances about inoperative, abandoned or untagged vehicles. The police or sheriff's department may have the authority to ticket and tow. Then check with your insurance agent to see if your policy says anything about uninsured vehicles. The agent may be able to require that the owner produce proof of insurance and make the car operational.

The fact that this car is untagged and very likely uninsured weigh heavily in your favor to have the car removed.

Clarify parking restrictions

Q: Our documents prohibit motorcycles, trucks, golf carts, etc. Does this mean we cannot allow even visitors for the day or overnight, or owners who need to park these vehicles for overnight or short stays?

A: More than likely, very short-term day parking would be allowed. I'm thinking that a truck operated by a plumber or electrician would be able to park outside your house while a worker is inside.

But it depends on the exact wording of your documents and on how strictly the board enforces the rules. The same is true of overnight parking. You can't say the vehicle is parked there for "just a few hours" and expect that to mean "overnight."

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 November 8, 2007, 17:49:53]