You have another problem. That is, if some of the owners are not paying fees, then you are paying their share to operate the condominium. Delinquencies do not happen overnight. When you have 30 percent, as you describe, that could mean that some of your neighbors may not have paid their fees for months or even years. You need to write the board and ask it why it has not engaged an attorney, filed liens and started foreclosure actions against the delinquent units. It is your duty and responsibility as well as your neighbors to monitor and force the board to properly operate.
Q. My neighbor and I are planning on running for positions on the board of directors of our condominium associations. We both agree that what we have seen from the current board over the past years indicates the need for some new and fresh ideas. However we do not agree on one issue and that is whether condominium associations are required to operate within the provisions of sunshine laws. My neighbor insists they do. His basis is that he belonged to a homeowners association that worked strictly within the provisions of the law. R.P., Sun City Center
The Sunshine Law, FS 286.011, applies to government and not HOA, cooperatives or condominiums. However, although the sunshine laws do not apply to associations, association statutes do have similar requirements. What the association statutes say (FS 718.112, FS 719.106, and FS 720.303) is that anytime a quorum of directors meets to discuss business, it is a board meeting and all owners are allowed to attend. Less than a quorum can meet in private to conduct business but cannot approve actions that have not been approved at a board meeting held in the open. Good examples of a private meeting could be when two directors meet to sign checks for expenses that have been approved. Another could be that two directors meet with a vendor to verify work or have a meeting with the manager. T If there is a quorum, then all discussion must stop and be referred to the next board meeting. While it is not a statute requirement, proper communication with the owners is very important for actions taken within these private meetings. There is one exception to the above. If the association is in litigation, the board may meet in private with the attorney to discuss pending legal action.