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Rules may require a court rulingBy RICHARD WHITE
© St. Petersburg Times, Question: Our condominium was built three decades ago. Apparently our documents have no validity. If someone new moves in and challenges something in the docs, the board gives in to avoid lawsuits or confrontations. I have been asked to serve on a committee to update and revise the rules and regulations. What's the point if there are loopholes and/or laws to invalidate our rules? Answer: It may be time for your board to take a stand and restate the covenants and rules. I suggest that your committee draft the revisions and amendments and have them reviewed by an attorney. Once you start to enforce them, likely you will end up in court, which will be the final arbiter on what can and cannot be enforced. Ask about lawsuitsQuestion: I built a new home in a condominium association last year. After moving in I find that the association owes several thousand dollars for attorneys' fees for a lawsuit that is still not over. Now they plan to assess all homeowners to cover these legal fees Can they assess me for the cost of a lawyer for a lawsuit that started before I moved in, or must they pro-rate the assessment from when I moved in? Answer: You are responsible for any assessments charged to the unit or lot. The assessment is levied not on you but on the property. It is important to ask before you buy into an association whether there are active lawsuits so you are prepared for the possibility of a special assessment such as this one. Quorum requirementsQuestion: We are an association of only eight unit owners/association members. Our board consists of four members, all of us volunteers. In such a small association, can common sense prevail regarding what constitutes a quorum for a board meeting Answer: This is a problem for small associations. I have to recommend that you follow the statutes and your documents, and I can't suggest a way for you to be exempt from the law. However, from a practical standpoint, if your members agree to allow a smaller quorum, the state is unlikely to take action without a complaint. All directors must voteQuestion: Didn't you say in a recent column that the president of the board should cast a vote at meetings and that condominium law supersedes Robert's Rules of Order? Some of our members are under the impression that the president cannot vote Answer: Please refer to FS 718.111(1)(b): All directors must vote on all matters. If your president was elected as a director, he or she must vote on all matters. Yes, the state statutes take priority over Robert's Rules. Sometimes a third party is elected as the chairperson, such as a manager, to conduct the meeting. Then the chairperson would not vote. 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@att.net. Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney. Readers may call the state Division of Condominiums Bureau of Customer Service at (800) 226-9101 with questions or requests for materials. Or write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032. Please note that this office provides no information about homeowners' associations. The state has no bureau or department covering those associations.
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