Q. I am a new president of an adult (55+) condominium. I just became aware that a copy of our monthly board meeting minutes is given to management. Is this a proper procedure? Could you explain this action?

D.P., Orlando

Most managers are accountable for maintaining the association’s records, and this would include the minutes. It would depend on the manager’s contract and the management duty policies that the board approved.

If you read FS 718.111 concerning records, you will find most records need to be retained for seven years. The minutes must be retained in a minute book and are included in this section.

Even if one of the directors/officers retains all the records, the manager needs a copy for work.

Any person can be assigned or engaged to take and produce the minutes and that includes the manager or maybe an outside paid stenographer. A first copy should be produced within 24 to 48 hours for a first review.

When I was the manager, I always took and produced the minutes for the meetings to assist the secretary. When I drafted the first set, I sent a copy to the president and secretary for editing. I asked them to return it as soon as possible so that I could produce a copy for the other board members and post a copy for the members. The posting is not necessary or required but is recommended as good communications with the owners.

The question is: What are minutes used for and why produce minutes? They are a record of the business conducted by the board and members. If the association is involved in a lawsuit, then the minutes would be a key part of the evidence.

You want to keep your minutes brief and only record the business conducted. Comments and arguments are not included. Minutes should include the date, time, location, members/directors present, and follow the agenda with motions and how each director voted. It would include the time the meeting ended. You only want to prove that a meeting was conducted and the business approved.

One last thing: Use your manager to help reduce the workload of the board. Q. I live in a community of houses in two phases. The phase where I live is completed. The other phase is still in the hands of the developer and only a few owners live in that phase. The developer controls the board. We do not have any owner on the board.

Our bylaws state that owners can rent their homes. I see many problems with renters not keeping the homes up to standards. I would like to change the bylaws so that no homeowners can rent their homes. I have contacted the management company and they are not sure about changing this bylaw.

Can we change the bylaws to eliminate owners renting their homes? The management company cannot give us a direct answer.

J.B., Miami

If a renter is not maintaining a home, it is not their responsibility. It is the owner’s (landlord’s) responsibility that you must address — not the renter. The owner must require the renter to maintain the property or do it themselves.

Rather than trying to modify the documents, try to establish a rules enforcement policy. That policy would be the responsibility of the board of directors.

The developer is wearing two hats, that of the developer and that of the association’s board of directors. The developer would improve their chance of selling a home if all the homes were in compliance with the rules.

It is simple for the developer to approve a rule inspection policy and then appoint the manager to inspect for violations on a weekly schedule and take corrective action. I am sure your documents allow a way to correct rule violations. To change your documents would require the vote of the members. Or in some cases when the developer is in control, the developer could simply approve the amendments. Keep in mind that any change to the documents should be reviewed by an attorney and recorded in the county records.Q. My condominium has a balcony that faces the pool deck. With the weather so nice, we have opened the door to allow fresh air to blow into our apartment. The unfortunate situation is that our neighbor smokes on his balcony below ours. Not only are we faced with his smoke but the pool deck is a smoking area. With the breeze we are forced off the balcony and we must close our balcony door. We have emailed the board without any answer. Do you know of any boilerplate covenant that maybe applicable?

M.J., Dunedin

There is no good answer to this question — no answer that will solve the problem without serious legal action. Even legal action may not solve the smoke problem.

My only suggestion is to write a letter — no email — to the board and send a copy to the neighbor asking that they limit or restrict smoking to allow you to enjoy the great Florida weather on your balcony.