CONDO LINE
Try sugar on nasty condo board member
BY RICHARD WHITE
CAMquestion@cfl.rr.com
Q: We need your advice on the best way to handle a tyrant who has been on the board for years. This nasty individual is extremely overbearing and must have it his way. He makes life on the board impossible. How can we remove this person from the board? Can we establish term limits for future board members?
A.N., St. Petersburg
A: Board members cannot remove a director but they can remove him as an officer. If your documents do not limit terms of directors, only the members can amend the documents, so it would require the members to petition the board to remove him as a director (a recall).
Here is what I suggest: In private, have directors (less than a quorum) meet with him and talk about the problem. Ask for his help rather than his interference. Tell him that all the directors are responsible for all actions of the association. From my experience, having one or two directors that disagree is good because it will force the board to make better decisions. Having a strong meeting chairperson will help.
Q: Our board passed a motion to limit future boards from spending more than $5,000 without members' approval. Will this restrict future boards from making emergency repairs?
L.M., St. Petersburg
A: From the American Legion magazine, a joke: How many politicians does it take to change a light bulb? Two -- one to change it and another to change it back. In other words, no board can impose a policy on another board because the new board has a right to change it back. Keep in mind that you have statutes that can only be changed by the state. There are procedures for members to amend their documents. Q: We paid a special assessment two years past and now the board is returning the overpayment. We sold our unit last year and the overpayment is being returned to the new owner. We have understood that the overage should be paid the person that actually paid the special assessment. Are we wrong?
D.P., Palm Harbor
A: Special assessments are not charged to an owner but to a unit. You may have paid the assessment but you paid it for the unit. When you sold the unit, you sold any fees due or overpayment of the fees. Return of the special assessment would go to the new owner.
Q: I live in an adult community in which the clubhouse was recently refurbished. The president purchased all new exercise equipment that was heavy industrial equipment entirely unsuitable for the older residents. I need the exercise and therapy for my health. Do you have any suggestion on how to get the board to provide better exercise equipment?
K.A., Pinellas Park
A: Send a letter to the board about your problem. Maybe it can have the exercise equipment company send a specialist to explain the proper use. Just because it is industrial equipment does not mean that it is impossible to use. Work with the board members and ask for their help.
Q: Our HOA board failed to provide a proper budget. There was no notice sent to the owners and a copy was not provided before the meeting. In fact, the board would not provide a copy of the budget until it was approved. There were several format errors or omissions. What can be done when the manager does not provide the information requested for financial information? We seem to be at an impasse to obtain accounting information from the manager and the board. We know we can recall the board and could consult an attorney. Are there other ways to restore confidence in the community?
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