Q:I am president of our homeowners association and our governing documents specifically state that no director may serve more than two consecutive two-year terms. There seems to be a feeling among some of our past directors who have served two consecutive two-year terms that they can stay out of office for a year and then be eligible to run again. I contend that a director who has served that long can no longer run for the board. I cannot find anything in FS 718 or FS 720 addressing this point. Do you have any thoughts or opinions on this?

R.R., St. Petersburg

A: I cannot render an interpretation of your documents. In past associations that had similar wording in their bylaws, directors were allowed to come back to serve if they sat out a year.

The section you quoted from your documents said no director may serve more than two consecutive two-year terms. So the word ''consecutive'' seems to allow them to be a candidate in future elections. There will be a change in the statutes, HB 995, on Wednesday. You should review the change to the 2008 FS 718.112(2)(d)1. concerning this question.

Q:At the annual meeting of our HOA, there was an election for directors. The results were announced by naming the winners only. We were told that it was illegal to announce the actual count. Is this correct?

A.S., Naples

A: It is not illegal to provide the members the number of votes received; however, it is not recommended.

As an owner you have a right to send a letter and request the information. The board should then provide the information to you and you can do with it what you like. However, I strongly suggest that you keep the information private since it concerns your neighbors.

Q:Can a board of directors approve a special assessment simply to balance a budget? The members have been assessed what amounts to an additional quarter because the new board members have determined that there is a shortfall. Is not the full membership vote required for any assessments not deemed an emergency by the governor?

B.R., Naples

A: Budgets can be changed by the board at any time with proper notice to the members. The budget was created as an estimate of coming expenses for the next year. Sometimes it is underestimated and must be recalculated.

Because the board has the responsibility to maintain the common areas and operate the association, it alone has the power to assess the members.

There are two exceptions in which members can vote to reduce assessments. The first is to vote to reduce the reserves and the other is if the expense budget is increased 115 percent. In both situations members must themselves call for the special members' meeting.

Q:What repercussions can a HOA legally incur for failure to provide the end-of-year financial statements to the homeowners?

L.W., Miami

A: Condominium owners can report the failure of the board to produce an end-of-year financial report to the state. Homeowner associations do not have a state agency. The only recourse for HOA members is to file a lawsuit. Rather than spending money on a lawsuit, I would suggest that the members vote out the board and replace them with members that will recapture the financial information and print proper reports.

Q:Are we allowed or is it illegal to post the names of people who are behind in their dues in our condominium association and the amount they are behind?

S.B., Bradenton

A: While there is no statute that restricts using names of delinquent accounts, it is not recommended. Beth Grimm, an attorney from California says, ``Do not publish the collection list in the newsletter to shame people into paying their assessment accounts. Do not mention names or conduct, or disciplinary actions to embarrass people into compliance.''

I do recommend that delinquent totals be communicated to the members and at the same time disclose the action the board is taking to collect the amounts. Because these actions should be discussed and approved at board meetings, I suggest all records either say a unit or lot number or better yet a code number be used for specific accounts.

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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