Real Estate: Florida/Condo Board Rules
QUESTION: Is there a law that governs the rules of conduct for a condo board operating in a large complex in southern Florida? Specifically, can the president of the board make decisions in regard to expenditures, decoration, landscaping, etc., without notifying the other members of the board? Can one or two members take control of the entire board without the others knowledge or consent? Is the ultimate responsibility of the board or any one member of the board to function at their own discretion, or must they inform tenant shareholders before acting? Kindly inform me to any laws pertaining to these questions in you answer Thank you.
ANSWER: First l am really sorry for getting back to you this late. No excuses. I just did not check my emails. For that l apologize. Now to answer your question. Here is the procedure that a board is required to follow by law. In Florida any addition or change that a board wants to make to any of these rules there is a procedure that is in place that must be followed. Here is what has to be done. First you need to know that NOT any one Board member can change any rule all by them self. A majority of the Board members need to take a vote and agree to adopt the change. All this has to be done in an open form in front of the condo owners. Here is what l mean. A notice has to be posted NO less then 48 hours before a board meeting is scheduled. This meeting that is to be posted is an OPEN meeting which is for all condo owners to attend. Renters can attend but they are not allowed to make any comments. Well anyways the notice that has to be posted by law 48 hours before the meeting. By law has to list the agenda of the meeting. That means what ever will be talked about at the meeting has to be listed on this information sheet. Now nothing else can be talked about e everything at this open meeting but what ever is listed on the sheet. Now the subject is brought up and when it does each condo owner has every right to make any comments, Ask questions about the changes that the board wants to make. During this whole time the Security of the board or anyone else the board picks HAS to keep notes of what was discussed and the results of the whole meeting. Now once everything was talked about a vote is called for. This part is tricky. A majority of the condo owners who are attending this meeting needs to approve the change when it affects that Condo's documents and Amendments. All the time the notes have to be recorded and made part of the results of the meeting. Now if this meeting has nothing to do with changing the documents and amendments then only the Members of the board will vote to approve or not approve the change. Example if you have a gated community. There may be a company that services your gate system for example the condo uses a company by the name of ABC Gate systems and want to change company's and want to use ACE GATE SYSTEMS in this case only a majority vote of the board members are required to vote. So if you have a 5 member board only 3 members have to approve the change. These are simple and plan examples. But no matter what the change has to be. NOT ONE BOARD MEMBER OR PERSON CAN DECIDE on their own. A vote has to be taken and notes have to be taken to document everything.
I know l wrote a lot here and l hope it helps. Any other questions please contact me again. Even if it is 1000 times it's never a problem. Again l am truly sorry for not getting back to you faster
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QUESTION: Is there a specific law or rule that specifically governs the behavior of condo boards? Is this found in rule 718, and if so, where?
Sorry for the miss understand. I really thought l was explaining in real good detail how the procedure should work. I am sorry for falling short on that subject. Let me please give it another try to explain myself in a different manor. As far as pointing out where the explanation is on Your Condo Associations documents. Would be hard for me without first looking at the Associations Documents and amendments. Every association has their own and for me to tell you which page , paragraph or section they are in is something I am not able to do. That is why I did not do it the first time. I did not want to mislead you so nothing was said. One thing l would like you to keep in mind about condo boards. A LOT OF TIMES A BOARD MAY MAKE OR PASS A RULE WITOUT DOING IT THE WAY THE LAW SAYS THEY NEED TO APPROVE IT. THEY DO IT THIS WAY BECAUSE THE BOARD KNOWS THAT MOST CONDO OWNERS KNOWS NOTHING ABOUT CONDO LAWS. SO THE BOARD JUST LIKE YOUR BOARD MAKES UP STORYS AND GETS YOU TO THINK THE BOARD MUST KNOW WHAT ARE TALKING ABOUT.
In ending. I have a few ideas and or suggestions you can follow.
If the board has any rule set in place. You as a condo owner can challenge the rule by asking the board that you want to see a copy of the meeting notes from that meeting where the rule was adopted as a condo owner you have the right to ask to see that. By law the board MUST show it to you. I suggest you send it to each board member Certified Received
The law states they must produce it within 15 days
Next thing you can do if you want is to have a Lawyer on container. Who you can ask questions of. I did that myself. I sent a lawyer $300 so l can on a personal level ask questions of him. We are not Lawyers. All we do is know a subject very well and offer advise. If you want to do that let me know and l send you a very good attorney. Other then that let me know if you need me. I hope you understand now why l am not able to give you the section or where to find the info. All I can say is you need to read for yourself there you will find the info. Since l don't have your documents l am not able to do that
Thank you and hope things work