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By RICHARD WHITE
© St. Petersburg Times, published July 14, 2001
Question: The president of our condo association believes that three members of our seven-member board constitute a quorum, since the other four board members are up North for the summer. Is he correct?
Answer: Unless your bylaws specify a smaller quorum, the board cannot conduct business without a majority of all board members physically present or attending by speakerphone.
Maybe your board needs to re-evaluate the bylaws' requirements or consider whether a monthly meeting is necessary. Is there business so important you must meet? During the months when no quorum is present, maybe you can hold just an information meeting.
No decision or motion can be approved, but you can give reports. Look at your agendas. Most of the time, matters can wait until the fall.
Question: Most of our board members are winter residents only, so we cannot convene a quorum during the summer. Our bylaws specifically allow for proxies. Can we meet and field a quorum using proxies?
Answer: State statutes take precedence in this case over your bylaws. Proxies cannot be used to hold a board meeting. Your best bet is to arrange a conference call with a speakerphone in the meeting room so those present can hear all the conversation. This call will be expensive, so plan carefully and streamline the agenda to limit discussion. Make sure every board member is familiar with the agenda items and is ready to vote.
Question: One member of our condo association is a board member and building manager. His duties are limited to such things as checking the operation of fire alarm systems, common area lighting, etc. He has no responsibilities for landscaping or lawn care.
Somehow his spouse (who is not an owner of record, and therefore not an association member) believes she has the right to operate our irrigation system whenever she wishes, tell others how to landscape around their patios, and spend association petty cash to subsidize her pet landscaping projects.
The board has specifically voted that all landscaping projects the association is paying for must be approved by the board, and that petty cash is not to be spent on projects such as landscaping without board approval. This woman continues to behave as she pleases. How can we deal with her?
Answer: The board must issue instructions to the manager to prohibit his wife from spending petty cash and from making common-area changes. If he does not comply, fire him.
Write to Richard White, 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@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 www.state.fl.us/dbpr/html/lsc/co_page.html.