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Even The President Must Follow The Rules

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By RICHARD WHITE Tribune correspondent

The Tampa Tribune

Published: September 25, 2008

Does the president of the board have the right to approve patios and screened rooms being built on common ground without a discussion of, or approval by, the board of directors?

NE

Bradenton

No owner can take part of the common area for their private use. Neither the president nor the directors can approve private use by an owner. The board has a responsibility to maintain the common areas, and only a vote of the members can alter or relieve the board of this responsibility.

Our board has all of the association's funds and assets, reserved accounts and operating funds in one bank. The bank deposits have never been discussed at a board meeting. What do you think of having all our funds in one bank?

RK

Port Richey

With the news today of bank closings, you have a legitimate question. If the board changes banks or deposits accounts, it would be wise to do so with a motion at a board meeting. However, it appears that maybe the board and the association have had a longstanding relationship with the bank.

The board should review the bank's financial situation. A few banks have an insecure financial structure, which is causing the closures. If you find information that your bank is one of those with inadequate reserves or poor earnings, send it to the board. The FDIC insures deposits in each bank up to $100,000.

Our condominium documents, which consist of The Declaration, The Bylaws and the Rules & Regulations, give conflicting instructions. The Rules & Regulations state one thing while the Declaration states the opposite. In the event that conflicting instructions are contained in the documents, which document takes precedent?

CP
Bonita Springs
Under the order of priority, first come the federal and state laws, then the declaration/covenants, then the articles, the bylaws, and the rules and regulations. Normally, the higher order prevails over a lower order if there is a conflict. The exception is when the lower order is more restrictive, it takes the priority.

As an example, the statutes require a 48-hour notice for a board meeting, but the declaration requires only a 24-hour notice, and the bylaws require a 72-hour notice. Since the lower order is more restrictive, all meeting notices must be posted 72 hours in advance of the meeting.

If your declaration says that no resident can have dogs, and the bylaws say that dogs are limited to 25 pounds, then I would suggest you have your attorney render an opinion letter as to which is correct. While I rarely suggest modifying your documents, such a situation may be worth the expense of clarifying. First, communicate with the owners to find out if you have their support for making a change. Then contact an association attorney to help. Never try to make changes to the documents without legal help.

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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