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Anyone Running The Show?

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By RICHARD WHITE

Tribune correspondent

Published: December 28, 2008

In our condominium, all of the directors are in residence for only six months of the year. Then they all head North for the other six months. Should they not arrange to have one board member in residence at all times? They have added the expense of a manager to do their work and we have to pay for that. It does not seem that we should have to pay for their vacations.

C.R.

Miami

I do not think it's fair to ask this of your board. I have managed several associations where all the directors move North for six months. No statute or document says that they cannot travel away from the association for extended periods.

With today's communications, it's easy for a manager or even an owner to get in touch with a director almost any time, any place. What you are asking is that board members give up their lifestyle and do all the work at no cost to you.

If you do not like that the directors are absent, you should try to put together a slate of candidates before the next election who will stay all year and do all the work.

Regarding the professional manager, if you read your documents, you will find that the board has the right to make that hire. Most associations actually operate better with a professional manager doing the day-to-day work. No document or statute says the board must do all the work.

I have heard various opinions about the duties of a company managing a condominium community. Is there documentation available that outlines the specific duties? Or are they simply what is stated in the contract signed by the board?

B.R.

Miami

All responsibilities for operations and decision-making are held by the board of directors, but these can be delegated to management under the board's authority. Management has no responsibilities to the association, but it does have duties and must answer to the board for breach of these duties.

Management has a fiduciary duty to the members and the board, as well as duties within contract obligations, board policies, board instructions and the statutes. In other words, if an owner has a problem, he can report it to management but management can solve the problem only if it is within their duties.

Many owner problems should be written in a letter and addressed to the board of directors.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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