Condo Line

Board should deal with unruly renter

 

CAMquestion@cfl.rr.com

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.

R.K., Zephyrhills

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.

Write to Condo Line, Richard White, 6039 Cypress Gardens Blvd., #201, Winter Haven, FL 33884-4115, or e-mail CAMquestion@cfl.rr.com.

Read more Home & Garden stories from the Miami Herald

  •  
Trays are a great and stylish way to keep your home organized and beautiful.

    Decorating

    Style at Home: 5 terrific ways to use trays

    If you went on a scavenger hunt for a tray in my home, you’d find one in every room. In the 33 years I’ve worked in interior design, some of the decorating foot soldiers I use to style my home have come and gone (anyone remember tassels?). But trays are here to stay.

  •  
 <span class="cutline_leadin">BUTTERED UP: </span>The glass dome on this Victorian butter dish is known as ‘Rubina.’

    Treasures

    Unusual Victorian butter dish still valuable

    Q: This butter dish was given to my grandmother over 50 years ago. It is 5 inches in diameter. The markings on the bottom part of the metal are “Rogers Smith & Co.” with “Meriden Ct, Quadruple, 7, USA.” Are you able to give us any information on this piece?

  • Washington Report

    Is spring the time to list your home?

    It’s common knowledge verging on holy writ in real estate: Spring is the absolute best time of the year to sell a house.

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Marketplace

Today's Circulars

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category