Outspoken owner could be risk for board

Our community has one individual, not a board member, who seems to have an opinion on everything. While he is not violent in his actions, he is an influence on board actions as he is very boisterous at meetings. He even writes letters to the directors and members advising them as if he is a director - an unofficial rules enforcer. Our board does nothing to stop his aggressive actions and has discussed hiring him to perform management tasks. Can they hire him as a manager?

G.T., Poinciana

A manager must be licensed as a Community Association Manager. The association can be fined by the state if it hires an unlicensed person to perform the jobs defined in Florida Statute 468.432. The board would also face liability risks.

The statutes are clear that no single owner can act on behalf of the association. Neither can he or she bind the association to a contract for services, or lead others to believe he has been approved to enforce rules. If the board does not take any action to address the situation, it may be found that the directors are consenting to the member, and the board can be found guilty for any action he takes.

A letter should be sent to this owner informing him that the board does not condone any action he takes, and that he must not assume any powers.

If an association sends an owner an assessment, how many days of grace can an owner use before a late fee is assessed? My association gives owners 15 days to pay any assessment before charging a late fee. This seems to me to be an unusually short grace period. Usually, 30 days is allowed for most transactions.

W.J., Vero Beach

If the payment is due on the first day of the month and the payment is received on the second day, you are late. The grace period allows for a delay in the mail. Subject to your documents, the board could apply a late fee if your payment is not received on the second day. It is not when you post or mail your payment; it's when the payment is received.

Ever look at the postmarks on envelopes today? You cannot determine in many situations where or when they were mailed. The 15-day grace is longer than most associations allow. It is a gift or courtesy by the board to allow for mail delays. Most associations I have managed only allow a week or, at the most, 10 days, and a few have even shorter periods.