Q. For the past two years, our condominium has been dealing with an obnoxious renter. He uses foul language and bodily gestures in public. He violates our rules and regulations and ridicules enforcements. To insult those who try to enforce the rules, he places obscene signs inside his locked car for all to see. He has threatened our maintenance workers to the point that it has interfered with their duties.
We have called the police but they only say it is a domestic issue.
Is there anything we can do?
A.L., Cape Canaveral
The board can do little with the renter, as the association is not a party to the lease. However, it does have power to deal with the owner. Most documents say that each owner is responsible for making guests comply with the rules and regulations. A renter is considered a guest of the owner.
It is the responsibility of the board to take whatever action is necessary to protect the members from such disturbances. If it means engaging an attorney and going to court, that is its duty. Failure to seek professional help results in a failure of its responsibility to the members and the association.
Would you say that this individual is lowering the value of your homes? The board must take action to stop this devaluation. Q. I understand a conference call can be used by absent directors for board meetings. Can a board member who is not present email a motion that requires a vote to another board member, who then reads this motion so it may be voted on? This is not like the conference call concept in which all board members can hear each other simultaneously. I feel that this creates a situation where a director makes a motion on a matter that he or she cannot vote on because they are not present.
S.E., Lake Placid
With modification, the motion would be proper but directors cannot vote by proxy, email, or other documents.
First, the absent director should ask (email in this case) one of the directors to sponsor his motion. Then the sponsoring director would present the formal motion. Owners who want motions presented to the board would also ask a director to sponsor their motion.
However, before the meeting any such requests should be approved by the officers and other directors to be placed on the agenda. Supporting materials should be made available before the meeting to allow the directors time to study them.
The absent director must be on conference speaker telephone to vote. Q. The community where I live advertises that it is a 55+ community. We are a mobile home rental community. There is no sign posted that says we are a 55+ community. In addition, we have never signed an affidavit or census since I have lived in this community.
I sent a letter to the park owner’s representative as well as the manager with the information. I asked for an answer, but they did not respond. I would appreciate your advice as to how to proceed.
The Housing for Older Persons Act of 1995 was created to allow an exemption for age discrimination laws. If your park does not follow the rules found in this act, it is not an adult community and becomes a “family” park. If the park now allows families to move in, then you are not in an adult community.
Your counter action would be a civil suit for false advertisement. The park owner and their representatives need to address this.