Q:Recently we had a few incidents at our condominium where it appears one of our board members was entering units using the association keys to do favors such as deliver packages or check on suspicious noises, albeit unknown to the owner. Other members were upset that a board member might use association keys to allow themselves entrance to units at any time. Does such an act constitute trespassing? What should the policy be for entering units?

P.M., Key West

A: While the statutes and most documents allow entry for repairs and inspections, the board must use care not to abuse the rights. Receiving packages can result in serious problems. If a certified letter or package is signed by a non-owner, legal rights can be in jeopardy since many legal documents are time dated. In going into units, the board accepts responsibility for huge number of possible problems. I have seen owners claim loss of valuables.

I suggest that before a director enters a unit the owner be contacted. Perhaps a written authorization from the owner would be required. I suggest a board policy defining just when and how an entry is authorized. and I strongly advise that a two-man policy be used for any entry. Anytime entry is required into a vacant unit, have two directors or a director and the manager enter together.

Q:Our HOA's Covenants, Conditions and Restrictions state that the HOA will maintain all common areas within the community. The board of directors is attempting to have homeowners with property next to a common area parcel maintain that common area, which is mainly cutting grass. The back of my property and my neighbors' homes abut 25 feet of common area around a retention pond. On the other side of the pond is easy access across common area grounds. If they do stop maintaining the common areas around our homes as they have threatened, what steps can we take?

R.O., Fort Lauderdale

A: There are three choices: Recall the board, elect a new board at the next election, or convince the board of its responsibilities to maintain the common areas. I would start by talking to your neighbors and have them, as well as yourself, write the board. Explain that the board's failure to maintain the common area causes a devaluation of the properties and can result in a lawsuit with legal costs to members as well as a loss in value to their homes. Tell the board to place the matter on the agenda of the next meeting and provide to the members details of why they are failing to maintain the common areas.

Q:Can a president limit an agenda to avoid discussion of specific subjects? How can I get an important policy issue into the next meeting? It involves how they vote on issues that are overruled by the president. It involves bad decisions on funds being paid.

J.J., Clearwater

A: Keeping in mind that the president and other officers serve at the will of the directors, you need to discuss the problem. Put the problem in writing and submit it to all the directors several days before the meeting asking that your topic be added to the agenda. Ask for a private meeting to discuss the matter with the president before the meeting. If the item is not added to the agenda, call for an amendment to the agenda during the meeting. While the matter cannot be voted on, you can force the item to be discussed at the next meeting.

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

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