This Is our Village

Wednesday, April 25, 2012

UCO Authority?


I have briefly read the By Laws regarding the authority of UCO. It is my basic understanding that UCO was created as the collective bargaining entity for the overall repair, restoration and replacement of the common area elements contained within Century Village. UCO is a not for profit corporation that most certainly benefits all the homeowners in our little corner of the world. My mother recently volunteered to fill a vacancy on our board. She claims that UCO can reject the sale of a unit within our community. My interpretation of our governing documents is that our board can restrict who can occupy our units. I’m not sure if we can restrict the actual sale of a unit based on Federal Law. Perhaps someone more familiar with the associations governing doc’s, Florida statutes and Federal law can give me guidance regarding this matter?

Our governing documents are outdated. I would also be curious as to the cost to update the documents if the “collective” associations were unanimous in their belief that an update is not only warranted but is a necessity given the various changes in the laws that govern Condo associations over the years.       

12 comments:

ruthphild said...

An update was done in about the late 1990's by many associations paying about $200 each. This could be done again if enough interest is generated.

Plcruise said...

Good points Dave. All associations here at CV need to have an attorney they can contact for questions such as these. That is an expense that needs to be on all budgets, or turmoil and confusion will result.

jmitaly said...

I believe our documents speak to occupancy and not to ownership.I will have to double check. Often my mom hears what she wants to hear. I thought I was right in regards to UCO. Mom also told me that UCO would not give her the investigation documents .... rubbish.

Thank you for the comments. David if you would like a hard copy of our ancient doc's for the blog shoot me an email.

$200.00 was a bargain price for a doc update even in 1990.

Dave Israel said...

Hi Joe,
April 26, 2012 7:01 AM,

I think the applications are in the sidebar, I will check and if they are not, I will see to putting any missing ones there. Look under "Interactive Forms".

I cannot imagine why Investigations would refuse to give out the blank forms!

Dave Israel

Dave Israel said...

Hi Joe,
April 26, 2012 7:01 AM,

PS:
All Association Docs are online at Clerk of Court site.

We are converting all Docs to searchable Adobe and placing them in the sidebar.

We will get to all of them in time.

Dave Israel

jmitaly said...

Dave,

Thank you for the prompt response. The documents I was refering to were the results of the investigation. Not the application docs :-)

- Joe

Dave Israel said...

Hi Joe,

The results of the investigations contain information covered by Privacy laws, both Federal and State, and are, by law only released to a Board member of the Association.

Dave Israel

Bob said...

I recently posted a question regarding help with updating a bylaw in this form but got no response. I have a bylaw out general membership meeting voted to change reducing number of board members from seven to five. What do I do now?

Dave Israel said...

Hi Bob,
April 26, 2012 2:17 PM,

I missed the original question.

Simply take your new Bylaw to the Clerks Office, 15th. Circuit, and file it. It is not valid until you do so.

Dave Israel

Randall said...

Hi Bob,
Unless your association has previously recorded an amendment which specifically set the board size at seven (7) persons, (Article IV of the Bylaws, “DIRECTORS”), then no amendment will actually be necessary. Most Associations in Century Village offer a range of not less than five (5) and no more than seven (7) persons. Have you ever wondered how an association determines the specific board size for any given election? Let's begin with a cite from Section 718.112(2)(a)1, F. S. as follows: “... In the absence of such a provision, the board of administration shall be composed of five members, except in the case of a condominium which has five or fewer units, in which case in a not-for-profit corporation the board shall consist of not fewer than three members.” The key words here are “...In the absence of such a provision....”. What “provision”, what is the plain meaning of these key words? The provision referred to, is a written procedure in the Bylaws which outlines the method for determining the Board size for each annual election (when a range is offered). To my knowledge, no Association has such a method or procedure in their Bylaws. The following bit of “case law” (actually administrative rulings) is almost identical to your situation Bob.

Aldecoa v. Bahia Mar of Key Biscayne Condo. Assn., Inc.,
Case No. 98-2732 (Oglo / Summary Final Order / March 30, 1998)
• A unit owner claimed that the association improperly conducted the annual election by failing to seat seven candidates when there were seven vacancies; the board maintained that the proper board size was five directors. The articles of incorporation provided that the association’s affairs shall be managed by a board, as provided in the bylaws, consisting of not less than three members. The bylaws provided that the size of the board shall be no less than three and no more than seven directors. As the bylaws failed to provide the specific number of board members, Section 718.112(2)(a)(1), F.S., applies, which states that the board shall be composed of five members in the absence of a provision in the bylaws.

jmitaly said...

Dave,

I apologize for the confusion. My mother is on the board. I explained to her that she cannot make a condo sale decision without a qourum of the boards approval and that this issue should be handled in a noticed board meeting and recorded in the minutes.

Her defense was that UCO turned down the homeowner which I assumed was hogwash.

As an industry professionl my opinion regarding the rejection of a sale is "skating on thin ice" at its very best.

My question was in regards to a legal issue and it's probebly best to post on a legal or a community manager blog.

Thx

- Joe

Dave Israel said...

Hi All,
UCO will conduct the investigation of a prospective owner or renter upon Association request.

UCO HAS NO AUTHORITY TO REJECT ANYONE from owning or renting in Century Village.

That decision is solely in the hands of the Association.

If the Association decides to reject, and provides a letter to UCO to that effect, UCO will forward all related data ( the investigation results ) to the UCO Attorney.

If the UCO Attorney agrees with the Associations reasons for rejection, and the rejected person(s) sues the Association, UCO will pay the deductible ($1,000.00) for the Insurance appointed defense attorney.

Dave Israel