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Faulty Water Fountain Should Be Replaced

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By RICHARD WHITE

Tribune correspondent

Published: January 18, 2009

A drinking fountain in our clubhouse is nearly 30 years old and no longer functioning. Although one can still get water from it, the refrigerant part is not working and must be replaced. The drinking water is tepid, and we believe it's because of mold and the non-cooling of the water.

There is a concern that mold could be a problem because the last time the housing was removed for repair, they found mold behind it. A resident began a petition requesting the board to replace the fountain but the president vetoed the idea.

What can we do to force the board to replace the water fountain? We do have the money, so a special assessment would not be necessary.

DE

Clearwater

Repairs in the common areas should not require petitioning by members. They're the board's duty and obligation.

If the water fountain is in the common area, the board has both a document and statute responsibility to repair or replace it. You and other members should write letters addressed to the board, not just the president, and demand the fountain be restored because it is part of the common areas. Your letter should also demand that the directors discuss the matter at the next board meeting. Remind the board that it is responsible for all common area maintenance.

The board of directors of our cooperative mobile home park goes north for six months and turns all duties over to the office girl, who does not live in the park. Our budget is more than $100,000.

I read your column about the license needed for managers. Is it proper for the board to have a person not licensed as a condo association manager supervising the workers and enforcing the rules?

CK

Dundee

Florida Statute 468.431 requires a license for a hired person or company doing these jobs for the association: controls or disburses association money; prepares budgets or other financial documents; assists in announcing or running community association meetings; and coordinates maintenance, among services requiring "substantial specialized knowledge, judgment, and managerial skill."

You can give the job any title you want, but if the person is performing any of the above, he or she must be licensed. Engaging a nonlicensed person can result in the association and the person being fined by the state.

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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