Please be advised that a per a telephone conversation with Rod Tennyson on Friday at the UCO Office, I was informed that the 1999 Model Document program has been suspended. As many of you know, Bob Fogelman has given many years of effort in assisting associations in updating their condominium documents. He is quite ill at this time and I hope that he is in your prayers as he is in mine for a full recovery.
I am requesting that since Rod has suspended this document program due to the age of the documents and associated filing fees and office costs, that he give his permission in writing for the free use of these documents. Many associations (approximately 40) are operating under the original documents (Circa 1969) and may be better off with the 1999 documents. A problem with this does exist. I have assisted associations in their amendment process for a number of years now and since Rod is no longer involved with these documents, I feel that my further unassisted participation in helping assiociations update their documents places me in a position of engaging in the Unlicenced Practice of Law. I advise associations to seek their own legal counsel regarding the updating or amending of their Declaration of Condominium and/or Bylaws.
I can't help to wonder about the timing of this all. Is this Rod's first step in disassociating himself with the Village... stay tuned, only time will tell.
Saturday, January 19, 2008
1999 Model Document Program Suspended
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8 comments:
Hi Randall, "age of the documents" Does this mean UCO should be looking to update the 1999 Model Doc Program to the 2008 Model Dopc Program. because of all the changes in the Fl. laws since 1999. Mike
Hi Randall,
This gives me some cause for deep concern! If UCO is to act a a coordination center on a key issue such as Documents Updates, Legal Counsel is an absolute necessity. Other issues that UCO coordinates also require such counsel; Bylaws and other CV Infrastructure issues related to interaction with the associations. How are these issues to be resolved, and when?
Dave
Mike,
I do not believe that Rod is considering updating the documents at this time. Each association should seek legal counsel when amending their documents and there are no qualified volunteer lawyers at UCO to achieve this end.
David,
Rod is still general legal consel for UCO. Knowing when to use him, knowing how to ask the right question to receive the most comprehensive and accurate advice possible... and receiving good and accurate advice is the real ticket.
Hi Randall, I guess what I'm asking is ,since my assoc. updated our Docs with 1999 version in 2006 are we ok for now ? Thanks Mike
I wish I had a qualified opinion for you in this matter. Sorry.
OK, Thanks Randall
Perhaps the word “suspend” is a bit confusing. Actually, Mr. Tennyson will no longer permit any Associations to buy into the 1999 Documents, due to 1. Costs 2. They are now 8 years old.
Unless UOC actually requests that he “update those to a 2008 version”, no one should be surprised that he did not volunteer to undertake the project. For such an undertaking to be worth his time, UCO would need to promote the update to all Associations.
This in no way means each Association should worry about their by-laws provided they have kept pace with changes over the years since adopting the 1990 or 1999 Model Documents.
One sure way to be certain is to establish a relationship with a law firm for such review and advice for future changes as the Board may wish to review. Attorney David St John spoke at a Town Meeting and does represent Condo Associations, as does Becker & Poliakoff.
Your choice, there are many Firms from which to choose.
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