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Letter to the editor

Condos: Send candidate information sheet with disclaimer

By Richard White, Special to the Times
Published February 9, 2008

Q: One of the candidates for a seat on our condo board is using his candidate information sheet to defame current board members with potentially libelous statements. I thought candidates were supposed to use these sheets to introduce themselves and explain what they'd do for the association if elected. This candidate has been a constant problem, filing many frivolous lawsuits. Now he is using the sheet to malign the board - and we have to pay the postage to mail this thing out!

A: FS 718.112 says: "Upon request of a candidate, the association shall include an information sheet, no larger than 81/2 inches by 11 inches, which must be furnished by the candidate not less than 35 days before the election, to be included with the mailing, delivery, or transmission of the ballot, with the costs of mailing, delivery, or electronic transmission and copying to be borne by the association. The association is not liable for the contents of the information sheets prepared by the candidates."

You must send the candidate sheet as presented. Do not change or make reference to his remarks. In your cover letter with the ballot you can add the statement that "the association is not liable for the contents of the information sheets prepared by the candidates." Most people will see the errors in his statements.

Searching for answers

Q: An owner sent me a copy of this e-mail she sent to the board: "As a past board member, I would like to review the roof inspection report by unit, and any document provided as part of their report. Review copies of checks, with accompanying documents, issued for the 2007 yr. It is easy because you have them ready to be stored. Review all the bank faxes regarding our CD. During my last visit you only provided one out of three pages faxed to you by the bank. When I requested the remaining 2 pages, I was told I had to come back as they were not ready. Can I go next Monday at 10 a.m.? Copy to management company, State Office of Ombudsman, Department of Professional Regulation DBPR, governor's office, and to the local state senator."

A: What's wrong with this e-mail? Let us count the ways. Requests to review records should be made in writing, not e-mail, to the board, not the manager. Copies of all checks for 2007 with supporting documents could amount to thousands of pages, a massive undertaking on short notice. It makes more sense to review the monthly financials, which should list all checks and amounts, and then ask to see specific invoices and documents. Demanding to see everything looks like a fishing expedition. This past board member should have seen all these documents when she was serving on the board. Sending copies of the request to all the other parties is a waste of time.

Assess the plan

Q: Members of our homeowners association have been sent a special assessment notice to finance new security features. This is to be a secret ballot, mailed in, and majority rules. However, our documents say special assessments must be approved by a two-thirds vote at a called meeting. I've e-mailed the board but have had no response.

A: FS 720.303, under board meetings, says the board must call a special board meeting with 14 days' notice to approve a special assessment. Note that it is the board that must approve special assessments, not the members. But because your documents apparently grant that power to the members, I'd recommend you ask your board attorney for an opinion on who can legally approve the assessment.

The second issue here is it sounds as if you're seeking approval of this assessment for a capital improvement, the security enhancements. Capital improvements must be approved by members at a membership meeting.

Send a certified letter to the board seeking clarification, and urge your neighbors to do the same. If the assessment is not properly approved, it may be hard to collect delinquent accounts.

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. Web site: talkwithcam.com.

[Last modified February 8, 2008, 11:42:06]