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Charges Not Covered In Contract

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By RICHARD WHITE

Tribune correspondent

Published: September 11, 2008

We live in an adult community with almost 300 units. We have a management company to look after our maintenance and financial issues. We provide an office and the management company provides the computer, fax, copier and other office equipment.

Our problem is that when their equipment malfunctions, we get billed for repairs. I have read over our contract and it stipulates they will supply the computer equipment. There is nothing in the contract that deals with maintenance.

I am the president, and I need to know whether we are liable for repairs or should that be the responsibility of our management company?

LP

Clearwater

As the president, you need to challenge the management company about why they are billing the association when their contract does not stipulate that the association is responsible.

Although those charges may be proper, they need to be justified, because they are not listed in the contract. I would suggest that you send a letter to the management company disputing the charges and asking that they be justified. You might suggest a meeting to discuss the issue.

Our property manager suggested to the board, and a motion was made and passed, that owners not be allowed to speak at meetings until the end of the meeting. Additionally, comments and questions would be limited to three minutes.

At our last meeting, which lasted three hours (owners waited that time to speak!) the property manager and a board member stood up at the end of the meeting and attempted to leave, claiming their backs hurt!

Can the board restrict owners' speech until after all agenda items have been discussed and voted on, limit the time for the owners to speak, and leave when the time comes to address owner concerns?

MO

Miami

The following is copied from the Homeowners Association Act, but the condominium act, FS 718.112(1)c), has similar wording: The HOA Act, FS 720.303(2) (b) says "Members have the right to attend all meetings of the board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. The association the board may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak."

That means the board's policy to allow owners to speak only at the end of the meeting is unreasonable and is not consistent with the statutes. The manager is wrong if he/she is advising the board to forbid speaking on agenda items as they arise.

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

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