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Til Condo Do We Part

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By RICHARD WHITE

Tribune correspondent

Published: January 11, 2009

I am the vice president of our homeowners association. We live in villas, not condominiums. Can two married people living together under the same roof both serve on the association's board at the same time? Is there any difference if they are condominiums or villas?

MH

Palm Harbor

At the time of this writing, homeowner associations may have husbands and wives serving as directors at the same time but condominiums cannot, unless they own two or more units. The state is expected to pose a change next year to the homeowners act to limit joint owners from serving and bring it in line with the condominium act.

We found out recently that the property manager of our association approved a five-year maintenance contract with a company without bringing it to the board and getting the board's approval. This is a contract many of us would like to get out of, but we are locked in until 2010.

What recourse do we have other than getting rid of the property management company? Can we pressure management to get us out of the contract?

CE

Clearwater

Normally, a hired manager has no authority to obligate the association to a contract. That means it cannot sign a contract for services without the board's approval. There is an exception, and that would be if the management company's contract included the service in the contract.

I would first ask management how it has the power to obligate the association. Depending on the answer, I would have a meeting with the owner of the maintenance company that was contracted and explain that the board never approved the contract and will not honor it.

This situation calls for legal guidance.

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; or e-mail

camquestion@cfl.rr.com.

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