Q: I live in a condominium and since late 2007 we have been without a working board of directors. One by one, the directors have moved and some have sold their units. Some have just failed to serve as directors. Two years ago the former president filed the annual report but none has been filed since. Our condominium has been dissolved by the state. We notified the Division of Corporations but it advised us to seek the advice of an attorney. Should we file for a new association or keep the same association?

R.E.

A: While directors can resign, the last director cannot resign until he/she nominates someone to fill the vacant director positions. This does not seem to be the case, as your director walked away. Now the members must pick up the pieces.

Like the division, I urge you to engage an attorney. I also urge the members to nominate new directors as soon as possible. The attorney should file the necessary papers with the state to restore the association as active. I would not even think about creating a new association unless your attorney recommends that action. Being in an inactive situation could result in no liability protection if someone sued. There may be unpaid bills and a lack of insurance coverage. A management company can also help to restore the operations and business of the association.Q: For about five years now I have created a garden for my parents at their condominium. After my father's death, I moved in with my mother to take care of her and also to be there as a friend. Since my father's death, she has been crushed. Last Saturday the board of directors paid a visit and told us they had received a complaint that the garden was not up to their codes and would have to be torn down. I am slowly removing the memories, because the garden is filled with the plants we had received at my father's funeral. For my mother's dignity and self-respect, it is devastating. There are many other violations that are ignored in this condominium and although I will comply, we feel so harassed and alienated from the neighborhood that my mother (and late father), had come to know for 10 years. Is there anything we can do?

H.R., Port Richey

A: The statutes and, I am sure, your documents say that no owner can use the common area for personal use. I am sorry but I must give you a disappointing answer and I hope your mother and you are able to overcome the loss. It is one of those steps of life we all must face. While you know of other violations, that is not a defense unless the board is selectively enforcing the rules against you alone.

Q: We live in a 55+ condominium. Our documents say that one person has to be 55 or older and any other person must be 45 or older. If a unit owner needs a live-in caregiver, does that person have to meet the age requirement of the community?

M.F., Lakeland

A: I cannot render a legal opinion as I have known adult communities that have been able to enforce this minimum age and ones that have not. The 1995 Federal Amendment to the Fair Housing Act for older persons states that the minimum age for adult communities is 18. That act requires one person to reside in the property who is 55 or older and no person under 18 to reside in the property. It is my belief that if a document has weak wording on the minimum age, the Federal Act may be enforced. If the document is extremely clear on the restriction, it may be enforced.

I suggest you write the board and ask for an opinion and refer to the minimum age listed in the Federal Adult Act.

Q: Our condominium has just received a special assessment and a modified budget that increased the cost of insurance about 65 percent. Do you think this is unfair or just due to the economy being in such disarray? The board hired a management company and this adds to our fees. We were told that both expenses were shopped and they are the lowest prices. What can the owners do to lower our budget and fees?

W.A., Fort Pierce

A: About the only thing you can do is call your legislators and vote them out at the next election. You may think that you are in a similar situation in a condominium, and you are, to a degree. But you have closer contact with the directors and can face them to discuss the problems. However, your board is required by statute and your documents to operate and maintain the association. The recession does not have too much effect on the cost of doing business.

If you are that concerned, become involved by volunteering to help the board on committees, and at the next election place your name as a candidate. Just be aware that as a director, you will be obligated to make decisions on the maintenance and operations as is your current board. Those decisions should not necessarily be to select the service on the lowest price but the best service for the cost. Engaging management is probably a wise decision because management can help the board make better decisions.

Write to Condo Line, Home, 1 Herald Plaza, Miami, FL 33132, or e-mail CAMquestion@cfl.rr.com. Include name and city.

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