The short answer is yes, the board can require installation of shutters, but it should seek legal guidance to force this improvement.
As to the question concerning some or all of the unit owners paying a special assessment: With little exception, all unit owners must pay for damage repairs.
Since we’re talking about hurricane preparedness and other disasters, it’s time for the board to start thinking and planning. All owners should also start with emergency planning.
It’s been a few years since Florida has experienced a major storm and we tend to be complacent about emergency procedures. Each owner is responsible for preparing for emergency situations for their personal property and life. The board of directors is responsible for the preparation for the building and common areas.
If there is any question regarding either party’s actions, you must immediately seek legal guidance.
The fact is that most board of directors meetings for association business do not fall under Robert’s Rules. These meetings do fall under the state statutes wherein most officers, including the president, are first elected as directors by the members and therefore have every right and duty to discuss any agenda items.
Therefore, since the president was elected as a director first, at a board of directors meeting he or she is acting as a director first. Just because she has a title of president and may be chairing the meeting do not limit her rights and duties to talk and vote on agenda items.
The board has every right to establish meeting policies that conflict with Robert’s procedures. Robert’s in fact allows meeting policies to be established. Robert’s Rules are not written in concrete but do allow alterations of operations. Rather than try to apply Robert’s Rules, I suggest your board follow the state statutes.
L.J., Port St. Lucie
But under these conditions, I would recommend the list include a number (three or more) who will guarantee that they will comply with the association’s rules and quality of work.
The reason is a potential liability problem. Let me give you an example. I had a manager’s office policy that we did not provide contractors for unit owners’ repairs. But, with the board’s instructions we prepared a list of more than three contractors who could do repairs and replacements, with the notation that the owners could use their own contractors but must comply with the documents and rules.
The office secretary had a friend who made repairs but was not on the list of suggested vendors. She recommended this contractor to one of the owners, and this unapproved contractor did a lousy job. That owner sued the association because the association “recommended” the contractor.
If the board has a list of contractors, caution must be used to reduce its liability. I do not think it’s a good idea for the board to recommend contractors.