Monday, January 1, 2018
RENEGADE BOARDS
On occasion, I have spoken with residents who complain their Board is acting outside the "Core" documents that underlie their condo guidelines. The primary complaint is renting in non-rental buildings. Why does UCO conduct an investigation on a prospective tenant if the building does not permit rentals? Why does WRPF issue identification cards to persons renting in non-rental buildings. By doing so, these entities then require a resident, who may not have the finances to prosecute such a claim, to hire an attorney and seek an injunction against the Board.
To me, it would seem UCO and WRPF have a pure defense in the form of the underlying documents in the event the denial would be challenged. It would also seem to me they have greater access to an attorney and collectively have the resources to defend such an action rather than foist the problem on a resident who simply wants to abide by the "core" documents. After all, do these residents not have a right to reside in the type of condo they purchased?
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Each association is it's own business. Each association has it's own set of documents. UCO does not run our business and should not as well as WPRF. It is up to the owners of condos to know what is allowed and not in their documents. On this blog there is a place where you can look up your association's documents. It is somewhere in Florida government. Look it up.
ReplyDeleteAside from the matter of each condo association being an entity unto itself and UCO having only limited authority (as specified in the Bilateral Agreement) over the condo association's affairs, how would UCO Investigations even KNOW the particulars of a specific association's rental-nonrental regulations? For it's not simply a matter of an association allowing renting or not allowing renting. The bylaws of many associations allow renting only under certain circumstances—only so many units allowed to rent at one time, rentals not permitted to new owners, rentals not allowed until a unit has been owned a certain number of years, etc. How could UCO Investigations realistically keep abreast of all this for 309 separate associations, bearing in mind too that associations are constantly modifying their bylaws? And how would UCO know if a bylaw change was "in the works"—perhaps voted on but not yet recorded at the county courthouse? This would be one can of worms for UCO to deal with in my opinion, and if UCO made a mistake? They might well be looking at a lawsuit, don't you think?
ReplyDeleteThis is not an issue for 309 separate corporations. This occurs in a handful of condos. When a aggrieved resident becomes aware of the transgression, they can provide notice to UCO/WRPF in the form of the most recent Recorded Amendment(s) setting forth the by laws for the issue at hand, such as rentals. As a safeguard, UCO can simply check with the Board to verify. No need to make a mountain out of a molehill. If UCO is there to protect the residents, it should not be considered onerous. Should UCO/WRPF be able to ignore such a notice if it provided?
ReplyDeleteMaybe someone in UCO who knows the legalities of this will weigh in on the matter.
ReplyDeleteHi all,
ReplyDeleteThis is a simple matter, the Bilateral Agreement between UCO and the Associations has a "Non-Interference" in Association affairs clause. In short, we can not legally engage in acting as Cerberus at the gate in such an action as denying investigations.
I have said this many times, and I will repeat it here, "When an Association abandons it's Bylaws, all is lost"
UCO has absolutely no authority to enforce your Bylaws, if you really want that to happen, move at Delegate Assembly to recast UCO as a Master Association, then rig for heavy weather.
Be careful what you ask for, you just might get it.
Dave Israel
President
United civic Organization
Dave, I realize this is not the forum to debate such matters but I will take some time to review the Non interference clause to determine its applicability when a Board violates its oath of office to adhere to the core documents. All contracts are based on good faith and mutuality. Generally, one side does not get to breach an agreement and cause the other to continue performance. Nonetheless, I get where you are coming from.
DeleteThe issue is not whether UCO should become a Master Association or not. It Should be whether the people that live and own in an association give a damn about what goes on in their own association. Once they realize what is happening, it's too late. Your best and really only solution is to become proactive and start giving a damn about what happens within your association. GET INVOLVED, RUN FOR YOUR BOARD. Go to the classes offer for free on how to run your board, get certified as a board member, INSIST that your board members be certified. Technically, if they are NOT certified within 90 days of your election, then you are not eligible to BE ON the board. How many Boards in this village fall into that category? I'll bet there are quite a few... I would dare to say close to if not over a hundred. More if you count those that think they know it all but fail to keep up with changes.
ReplyDeleteExcerpt From Florida Statute 718.112 reads:
b. Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved condominium education provider within 1 year before or 90 days after the date of election or appointment. The written certification or educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. A director of an association of a residential condominium who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election or the duration of the director’s uninterrupted tenure, whichever is longer. Failure to have such written certification or educational certificate on file does not affect the validity of any board action.
There are FREE Classes offered by some of the law firms as well as classes at the Convention Center for COA and HOA's the next one Coming next February 7th, 2018. and all you have to do is register at http://www.pbcondohoaexpo.com/seminars.aspx registration is free to board members.
Get off your rear ends and sign up and learn about what you can and can't do as an association, or what your association has been doing illegally and what YOU can do to fix it.