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By RICHARD WHITE
© St. Petersburg Times, published May 19, 2001
Question: Our condo manager has not provided our board with a detailed list of delinquent owners since the day he took over management of our condo, even though his contract states that he promises to do so. He provides only a brief "outstanding total" report each month, without names and unit numbers. He contends that he is forbidden to reveal the names because of attorney-client exclusivity. The association is owed thousands of dollars in delinquent amounts. Recently, the board discovered that the manager made errors by listing some owners as delinquent when he lost or misplaced purchase documents and did not update his computer with new owner names and addresses. Please advise us on a course of action.
Answer: You describe a manager who is improperly trained and negligent in his duties. It is time to report the problems to the Department of Business and Professional Regulation to investigate his failures. His actions may have caused your condominium to lose maintenance fees because of the one-year limitation on collections for condominiums. If that is the case, it is time to contact your association attorney and file a suit against the manager and the management company for loss of assessments and improper actions of the manager.
This manager apparently fails to understand that it is the board's responsibility to operate the association -- not the manager's. As for his claim of attorney-client privilege, with himself in the role of client to the board's attorney, he is incorrect. It is the board's attorney, not the manager's. No client relationship exists between the manager and the association's attorney. The board and the attorney have the client relationship.
Question: Please refer me to the Florida Statute that says a condo board president has the right to make and/or second motions. This is in opposition to Robert's Rules of Order.
Answer: Florida Statute 718.111(1)(b) says that any director who is present at a meeting must vote. Do not assume the officer's position is superior to that of elected director. The members elected your board members as directors, and they are totally obligated to the members. The directors elected the officers who assume the duty to operate the day-to-day business affairs of the association.
You are assuming that the president was automatically elected to serve as the chairperson of meetings and thereby gives up the rights as a director to vote and make motions as listed in Robert's Rules. This is contrary to the Statutes, which do not say the members elect the president to serve as chairperson. Refer to FS 718.112(2)(d) Unit Owner Meetings.
Any person can be appointed to chair meetings, even non-owners such as your attorney or manager. It is usually the duty of the president to open the meeting, but any appointed person can assume the chairperson position of a properly called meeting.
- Write to Richard White, c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. No phone calls or personal replies by mail, but you can e-mail him at CAMquestions@bigfoot.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.
-- To discuss provisions of the state condo/co-op acts, call the state Bureau of Condominiums office in Tallahassee at (800) 226-9101 or (850) 488-0725 or call the Tampa bureau at (800) 226-6028, (800) 226-4472, or (813) 744-6149. Or write to the Bureau of Condominiums, Education Section, Suite 200, 4524 Oak Fair Blvd., Tampa, FL 33610. Please note that this office provides no information about homeowners' associations. The state has no bureau or department covering those associations.
-- You can access the Bureau of Condominiums Web site at http://www.state.fl.us/dbpr/html/lsc/co_page.html.