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Published: March 8, 2009
Our condominium documents prohibit placing "for sale" signs in windows or on the property of a unit. This is denying us the right to sell our property in this horrible economy. Exposure is the only way we can hope to sell our unit.
We have attempted to resolve the situation with the master board and have not been successful. We are a multi-association development with each association having a separate set of bylaws; however, it appears the master board controls everything. Our association board has made an exception and says it is OK to put up the signs, but the master board says we must remove them. Can you provide a solution?
LA
Fort Lauderdale
You need to write the master board a letter and express your feeling that they need to be tolerant in this bad real estate market and ease up on the signs rule. But I must express that you are unrealistic in expecting that the sign will bring a qualified buyer. Drive-by buyers are not the best qualified. You need to expand your exposure.
Consider placing ads in local and out-of-the-area news media. Some Web sites, such as Craigslist, offer good exposure. One of the best tools for selling I've seen is a bulletin board in the lobby with small cards identifying homes for sale or rent. In another association, we created a notebook with a page for each unit available; prospective buyers could look through the notebook.
Think like a buyer: Where would you search for your next home? By far, the best way is to list with a real estate agent. Agents have the best tool, which is the computer listing service.
Can the parents who are the owners of a condominium, but nonresidents, authorize their son who is in residence to serve as the parents' representative at monthly and annual meetings? Can the son be appointed by the board to be a director or an officer?
LR
Subject to your documents, which may have stricter requirements, the statutes only require that board members be 18 or older, current on their fees, sign a certificate that they understand the documents and statutes, and not have a criminal record.
If the son meets the requirements, he can attend meetings subject to your documents and serve on the board. For the annual meeting he can have a proxy to vote on matters and motions, but the owners would be required to vote in the election of new directors and sign the outer envelope.
At a board meeting, because only directors vote, a proxy is not used by members to attend.
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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