It is almost time for annual meetings and elections again.
First notice – 60 days before the annual meeting
The first notice must be mailed or hand delivered not less than 60 days before a scheduled election/annual meeting. The notice should include the date, time and location of the meeting. A blank notice of intent form should be included for those interested in running for the Board to send back to the Association.
Notices of Intent due – 40 days before the annual meeting
A unit owner or other eligible person desiring to be a candidate for the Board must give written notice to the association not less than 40 days before a scheduled election. Such written notice is effective when received by the association. It is up to the unit owner to ensure that the notice of intent is received on time. The Board may not extend the deadline for submitting a notice of intent.
Candidate Information Sheet Due – 35 days before the annual meeting
Not less than 35 days before the annual meeting, candidates may provide a candidate information sheet which is limited to one side of an 8 1/2 x 11 sheet of paper to describe the candidate's background, education, and qualifications as well as other factors deemed relevant by the candidate. The Association may not edit, alter, or otherwise modify the content of the information sheet. The original copy provided by the candidate must be placed in the official records of the association.
The Second Notice of the Annual Meeting – never less than 14 days before the meeting but check your bylaws for exact mailing time
The second notice of the annual meeting must be sent, according to the requirements of your Bylaws, but never less than 14 days prior to the meeting nor more than 34 days prior to the meeting. The second notice should include a proxy, for quorum purposes and for voting on non-election issues. A ballot should be included for the election if there are more eligible candidates who submitted notices of intent than there are avaialble seats on the Board. If there are the same number of notices of intent as avialable Board positions no election is held. If there are less notices of intent than available Board positions, no election is held.
Assuming an election is necessary, accompanying the ballot shall be an outer envelope addressed to the person or entity authorized to receive the ballots and a smaller inner envelope in which the ballot shall be placed. The exterior of the outer envelope must indicate the name of the voter, and the unit or unit numbers being voted, and shall contain a signature space for the voter. I recommend obtaining pre-printed outer envelopes with one line for "printed name", one line for "unit number" and one line for "signature". The return address should also be pre-printed on the outer envelope.
Start early with the preparation of your notice packages so that you do not miss any of these deadlines. Your bylaws will usually inform you as to the month your annual meeting must be held.
Mark D. Friedman is a senior attorney at the law firm of Becker & Poliakoff, P.A.
You may contact Mr. Friedman at CondoLaw@becker-poliakoff.com
Showing posts with label P.A.. Show all posts
Showing posts with label P.A.. Show all posts
Monday, October 3, 2011
Sunday, July 24, 2011
Emergency Powers for Condominium Associations
Emergency Powers for Condominium Associations
As I write this blog posting the sky outside is blue and there are no tropical storms threatening our area. However, it is late July and we are approaching the heart of the traditional hurricane season. In 2008, after analyzing the issues faced by condominium association Boards of Directors in the aftermath of a hurricane or other natural disaster, the Florida legislature created Section 718.1265, Florida Statutes, which granted emergency powers to Associations.
First, these emergency powers can only be used if not specifically prohibited by any of your governing documents. As the documents in your community pre-date the creation of this statutory provision that is unlikely but should still be examined.
Second, the Board must still execute such emergency powers in good faith, with the care an ordinarily prudent person in a like position would exercise such powers under similar circumstances, and in a manner the directors believe are in the best interest of the Association.
Third, the emergency powers may only be activated in response to damage caused by an event for which a state of emergency is declared in the locale in which the condominium is located. That means the Governor of Florida declares, through executive order or proclamation, that an emergency has occurred where your condominium is located and there is damage to your property due to that same emergency situation.
Fourth, you may, but are not required to exercise the emergency powers.
Fifth, all such powers shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the Association and the unit owners and the unit owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.
The following are a list of powers as presented by the Statute:
(a) Conduct board meetings and membership meetings with notice given as is practicable. Such notice may be given in any practicable manner, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated as provided in this paragraph.
(b) Cancel and reschedule any association meeting.
(c) Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
(d) Relocate the association’s principal office or designate alternative principal offices.
(e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
(f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners. (As you can see, this paragraph permits the implementation of a disaster plan before the event occurs. In fact, we have assisted many communities in developing such a plan which includes information on shutting down the building, how official records and documents will be protected, etc.)
(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
(h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.
(i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.
(j) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.
(k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
(l) Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
(m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association.
Mark D. Friedman is a senior attorney at the law firm of Becker & Poliakoff. Mr. Friedman may be contacted at CondoLaw@becker-poliakoff.com.
As I write this blog posting the sky outside is blue and there are no tropical storms threatening our area. However, it is late July and we are approaching the heart of the traditional hurricane season. In 2008, after analyzing the issues faced by condominium association Boards of Directors in the aftermath of a hurricane or other natural disaster, the Florida legislature created Section 718.1265, Florida Statutes, which granted emergency powers to Associations.
First, these emergency powers can only be used if not specifically prohibited by any of your governing documents. As the documents in your community pre-date the creation of this statutory provision that is unlikely but should still be examined.
Second, the Board must still execute such emergency powers in good faith, with the care an ordinarily prudent person in a like position would exercise such powers under similar circumstances, and in a manner the directors believe are in the best interest of the Association.
Third, the emergency powers may only be activated in response to damage caused by an event for which a state of emergency is declared in the locale in which the condominium is located. That means the Governor of Florida declares, through executive order or proclamation, that an emergency has occurred where your condominium is located and there is damage to your property due to that same emergency situation.
Fourth, you may, but are not required to exercise the emergency powers.
Fifth, all such powers shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the Association and the unit owners and the unit owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.
The following are a list of powers as presented by the Statute:
(a) Conduct board meetings and membership meetings with notice given as is practicable. Such notice may be given in any practicable manner, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated as provided in this paragraph.
(b) Cancel and reschedule any association meeting.
(c) Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
(d) Relocate the association’s principal office or designate alternative principal offices.
(e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
(f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners. (As you can see, this paragraph permits the implementation of a disaster plan before the event occurs. In fact, we have assisted many communities in developing such a plan which includes information on shutting down the building, how official records and documents will be protected, etc.)
(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
(h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.
(i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.
(j) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.
(k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
(l) Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
(m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association.
Mark D. Friedman is a senior attorney at the law firm of Becker & Poliakoff. Mr. Friedman may be contacted at CondoLaw@becker-poliakoff.com.
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