TBO.com - TBO is Tampa Bay Online

Consider President A Director When It Comes To Voting

ADVERTISEMENT

By RICHARD WHITE Tribune correspondent

The Tampa Tribune

Published: May 22, 2008

We have a nine-member board for our association. Should the president be voting on issues, or is he/she there to break a tie?

L.S.

Largo

This is a common question. The source is apparently a misunderstanding of Robert's Rules. No place in Robert's does it say the president does not vote except to break ties.

In most situations, the president was elected as a director first and would be considered an officer second.

The statutes say all directors must vote on all motions, conflicts of interest excepted. The minutes must include the directors' names and how they voted.

Because the statutes are stronger than Robert's, the president that was elected as a director would vote on motions as a director.

In brief, the president-officer-director (highest power) must vote on all motions.

In most cases your information is correct, but your article on installing tile and wood flooring in condominiums is off base.
Installing hardwood flooring in upper condominium units is much more sanitary than carpet. Your opinion does not represent the new style of materials for subflooring. The new materials for subflooring are better than padding and carpet. If proper specifications are developed before installation, the noise will be minimal.

I would appreciate your research instead of opinion.

A.L.

South Pasadena

Thank you for the information. However, you must understand my column is based on my many years of experience. I have said in the past that what I write is only one solution to a problem. My answers will work, and in many situations they will be the best solution.

This problem involves more than subflooring. Unfortunately, many buildings were built with minimum design construction. Many older buildings were built to minimum specifications, and that means bare flooring that transmits sound but was designed for carpet with padding.

Yes, carpet needs to be cleaned properly as you pointed out or it can become unsanitary, but the same is true for any flooring if not cleaned properly.

In my experience, the problem starts with improper installation of tile and wood floors. For this reason, this question is my most difficult in providing an answer. There are no winners. It can result in a lower value to the unit below because of the noise penetration. This means that the owner below must take a loss in value or sue the owner above. If this happens, then the board and the association become involved. This will result in one of the most expensive legal matters for condominium living.

Our board has posted a notice that it will meet every Wednesday, but we never hear a report of minutes.

M.C.

Pinellas Park

It sounds like the board is trying to circle around the statutes. Posting a meeting notice is only part of the requirements. It needs to have an agenda, keep minutes and have the meeting open to the members.

A properly operating board does not need to meet weekly. The officers were elected to perform the duties of day-to-day business. Such a board is trying to micromanage.

Associations that are operated correctly do not need to have board meetings more than once a month and in some cases every other month.

Our condominium association documents say "the parking of trucks is not permitted." This applied to owners and their guests. How does this rule apply to SUVs and other high-end vehicles classified as trucks?

T.C.

Winter Park

The documents are ambiguous regarding this requirement. I would suggest the board establish a policy that makes the rule more enforceable.

You're question points out a shortcoming in your rules. Does "truck" mean pickup or a large van? Have the board work with the association's attorney to better define "truck."

Write to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115; or e-mail camquestion@cfl.rr.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT