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Bylaws May Deny Delinquent Owners Positions On Board

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By RICHARD WHITE

Tribune correspondent

Published: May 7, 2008

Updated: 05/07/2008 04:55 pm

What ethics are involved if a unit owner has decided to run for the board and has not paid maintenance on his condominium unit? Suppose he wins the election with maintenance in arrears and the voters do not know this information. Do the owners have a right to know this information?

Can a unit owner ask and be given this information? Do unit owners have the right to know who has not paid maintenance on a unit?

B.I.

Hollywood

Normally, I do not recommend that names of delinquent owners be made public. I recommend that unit numbers or addresses be published.

But in this case, I would have the candidates put the information in their candidate information sheet. I would put the pressure on the delinquent owner by making sure that a lien is placed on the unit and have an attorney to start foreclosure action.

Some documents say a delinquent owner cannot hold a director's position, so check your bylaws.

Where can I find (via a Web site or handbook) a copy of laws that govern property owners associations?

F.P.

Inverness

For condominiums, use FS 718; for cooperatives, use FS 719. For homeowners associations, use FS 720. For time shares use FS 721, and mobile home rental associations use FS 723. They can be located at www.leg.state.fl.us.

There are other statutes that an association can become involved with. The statute for not-for-profit corporations is FS 617. Associations also maybe involved with the Florida Administrative Codes and other state documents.

Do not forget that associations fall under certain federal codes such as IRS tax requirements. If you cannot find the statutes you need, call the state at (850) 488-1122 or write DBPR, 1940 N. Monroe St., Tallahassee FL 32399-1030.

Our association is starting the process of updating our official documents. The documents that were inherited from the builder were very generic and are in need of updating. Can you please provide any guidance on this process; i.e., any steps that we need to consider or pitfalls to avoid?

Are there sample documents that you can point us to that would be a good starting point? Do you have a check list of items that need to be considered to write good documents?

J.K.

Miami

The primary reason for me not addressing modification of documents is that I am against most changes to the documents.

You do not change just because you want to add or remove restrictions. Owners purchased with a set of rules and regulations regardless of how good or bad they are. If you have read your documents, you should understand what you purchased. You do not go in with the attitude of trying to modify your lifestyle.

There is no such thing as a guide or standard set of documents. Although many developers ask an attorney to draft the first set of rules and regulations, many call them boiler-plate documents.

If you feel the documents need to be changed, you need to talk with the members and get their input and suggestions. Once you have members' approval, contact an attorney to draft the new documents.

Caution: Do not attempt to make the changes without legal guidance. Some changes could result in documents that make home transfers impossible.

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

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