Q: I have lived in my community for five years and have never seen a census taken. The manager has danced around the question by telling me that he has paid the proper fee with the state concerning our status. He did not address the question of the census. As original buyers we are screened well; however, when owners die there is no follow-up as to who is occupying the unit. I have requested that this be put on the agenda for our next meeting. If this matter is not seriously addressed, what recourse can I take?

K.E., Pembroke Pines

Q: Is it necessary to take a census at an over-55 community? We have lived here a number of years and there has never been a census.

L.I., Pinellas Park

A: The source of my answer comes from Federal Register, Part IV, 24 CFR Part 100, Page 16330, 100.307: ``Such updates must take place at least once every two years. A survey may include information regarding whether any units are occupied by persons described in paragraphs (e)(1), (e)(3), and (e)(4) of 100.305. (d) Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community: (1) Driver's license; (2) Birth certificate; (3) Passport; (4) Immigration card; (5) Military identification; (6) Any other state, local, national, or international official documents containing a birth date of comparable reliability.''

As you can see, the association must complete a form that verifies that one person residing in each home present proof of age every two years and sign the form. What is the form used for? Usually nothing but it does become part of the association's records.

The right of an adult community to restrict children is an exemption from age discrimination laws. So if someone sues the association for age discrimination by not allowing children to live in the community, the census would then be used to prove that the association and community have complied with the Housing for Older Persons Act of 1995.

As to the manager filing with the state, that is only part of the requirements. The board of directors is responsible for all aspects of the records, not the manager. At http://talkwithcam.com (Information), there is a PDF file for the Federal Register that can be downloaded. If you want to mail me a self-addressed large envelope with postage for 4 ounces ($1.34), I will copy the 12-page report and include the information from Florida requirements. Mark the envelope Federal Register and mail it to the address at the bottom of this column.

Q: How do we select a board member to replace one who has resigned? Does the selection of a board member have to take place at an official meeting or can it be through an informal gathering?

H.A., Tampa

A: The source for this question comes from FS 617.0809. The vacancy must be filled by an affirmative vote of the remaining directors. Obviously you need to have some advance meeting to determine if the person will accept the directorship and their qualifications. This meeting should not have a quorum of directors present but the remaining directors need to have information about the nominee in order to make an informed vote.

The selection must be a formal acceptance or appointment and voted by the directors. At the next board meeting, a motion to accept an appointment or a motion to elect requires the vote of the remaining directors. There may be additional candidates and in that case, the board would complete an election. The vote should be entered into the minutes. Any qualified person can be selected to fill the vacancy.

Q: Is there a way to get my condominium documents without paying the management office for them, such as a site where I can download them?

W.A., St. Petersburg

A: If you are a buyer, then the seller should provide a current set of documents. If you are a current owner, here are the ways that you can obtain a set of documents.

The statutes require the association to have extra sets of documents that they can provide to owners but they are allowed to charge a reasonable copy cost. The documents are recorded in the county records so it would be possible to go to the county records and copy the documents there; however, you will have to pay a per page copy cost.

Some communities have Web pages with a scanned set of the document on the website and you could download the set.

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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