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Showdown At The Condo Corral

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By RICHARD WHITE Tribune correspondent

The Tampa Tribune

Published: March 1, 2009

We are a small condominium association with an on-site manager who does an outstanding job. Some of the owners are here only during the winter months. The question is, do homeowners have the authority to tell the manager that they are the employer and the manager is the employee?

Our manager will probably resign because of the orders given by these part-time residents. The board has approved a job description list with duties to be carried out by the manager. Any suggestions on how to deal with these members would be very much appreciated.

RO

Islamorada

I would suggest the board approve a form for the members to fill out if they see a problem or want work to be done. The board should instruct the manager to have owners fill out the form to report a problem. He/she should also tell the member that he is not authorized to perform work without the board's instruction.

If necessary, the manager should take the name of the complaining owner and turn it over to the board. This way the board can take certain reprimand actions against the member. You seem to know who the problem members are. The board needs to send a letter to them explaining that the board has given the manager certain duties and if they interrupt the manager, it interferes with accomplishing the duties.

Is the condominium responsible for repairing or replacing personal property placed in a common area?

The association over the years has allowed unit owners to work in a collaborative effort to decorate hallways with furniture, fixtures and artwork at their own expense. Such items are not donated nor purchased by the association. A circumstance has occurred whereby an owner's leather chair was damaged by an unknown source and the owner is requesting restitution because it was in the common area.

WM

Miami Beach

First, the board is not authorized to allow private usage of the common areas, though condominiums with elevator lobbies might ignore such decorations.

From your question, it sounds as though the owner did not donate the chair, but retained possession (or he wouldn't be complaining). The board did not take action to enforce private usage of the common areas, but that does not make the association responsible for repair or replacement.

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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