Hi All,
Failure to volunteer for your Association Board may have very expensive consequences.
Please read the following carefully:
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In a Comment stream;
Grace said...
Does this mean if we are already on the board we have to sign the form? Why would anyone want to be on the condo (Board)?
I would dearly like to get off but we will be left with just a president who has wanted to resign for 3 years and other board members who are here for about three months a year and that is really useless.
We are a small association of 24 units and most of the units are empty for most of the year. Between this form and the insurance responsibilities it is becoming very difficult to want to volunteer
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Hi grace;
If you run again for the Board you must indeed sign the Certificate.
Your recalcitrant and absent Board may find the following extract from Florida Statutes elucidating:
Dave Israel
Start extract:
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718.1124
Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.--
(1) If an association fails to fill vacancies on the board of administration sufficient to constitute a quorum in accordance with the bylaws, any unit owner may give notice of his or her intent to apply to the circuit court within whose jurisdiction the condominium lies for the appointment of a receiver to manage the affairs of the association. The form of the notice shall be as follows:
NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP
YOU ARE HEREBY NOTIFIED that the undersigned owner of a condominium unit in (name of condominium) intends to file a petition in the circuit court for appointment of a receiver to manage the affairs of the association on the grounds that the association has failed to fill vacancies on the board of administration sufficient to constitute a quorum. This petition will not be filed if the vacancies are filled within 30 days after the date on which this notice was sent or posted, whichever is later. If a receiver is appointed, the receiver shall have all of the powers of the board and shall be entitled to receive a salary and reimbursement of all costs and attorney's fees payable from association funds.
(name and address of petitioning unit owner)
(2) The notice required by subsection (1) must be provided by the unit owner to the association by certified mail or personal delivery, must be posted in a conspicuous place on the condominium property, and must be provided by the unit owner to every other unit owner of the association by certified mail or personal delivery.
The notice must be posted and mailed or delivered at least 30 days prior to the filing of a petition seeking receivership. Notice by mail to a unit owner shall be sent to the address used by the county property appraiser for notice to the unit owner, except that where a unit owner's address is not publicly available the notice shall be mailed to the unit.
(3) If the association fails to fill the vacancies within 30 days after the notice required by subsection (1) is posted and mailed or delivered, the unit owner may proceed with the petition.
(4) If a receiver is appointed, all unit owners shall be given written notice of such appointment as provided in s. 718.127.
(5) The association shall be responsible for the salary of the receiver, court costs, and attorney's fees. The receiver shall have all powers and duties of a duly constituted board of administration and shall serve until the association fills vacancies on the board sufficient to constitute a quorum and the court relieves the receiver of the appointment.
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End extract
Monday, October 6, 2008
NO BOARD MEANS EXPENSIVE CONSEQUENCES
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14 comments:
I am told it is about $60,000. per year to have someone take over the duties of the condo board. That is why I stay on and our president and others. Divide that by 24 and expenses really go up.
Maybe its time for some of the smaller associations to consolidate.
Re: Carrolls comment on association consolidation. CV's structure (309 independent assns)seems to be a hold over from the late 1960s, early 70s when Cenvill was developing CV piece by piece. Consolidation will have to happen here sooner or later, whether it is by the "named" associations (e.g., all Sheffields, all Easthamptons, etc.) or by some other means. A number of our individual building associations are failing rapidly and their current Boards are unwilling or unable to cope. Its a bad, sad situation, but one that cannot be ignored for much longer.
I believe that this should be a top priority, something should be planned during the winter months when most of the residents are here, to explain what has happened law wise, and how it effects them.
There is a much simpler solution. The Association hires a CAM to do the duties of the Board. Pay him, say $1,000 per year ( $3.47 per month per unit ) A good CAM can easily handle 100 associations.
Hey, any licensed CAM out there want to make $100,000 per year ?
Where's Wendel when you need him ???
That sounds great!!!!!!!!
Whose going to ask Levy if itz ok ??
Whares Kurt when you need him.
Have Ed Black organize the consolidation effort.
Why are you all worried about the new laws. You never respected any laws. So what's different this time.
Don't know what a CAM is and where to find one. Last I heard it is $60,000 per year as I previously stated. It makes sense to me to have the associations get together to form a larger association. Even in the winter we have empty condos with 2 for sale. Most of our winter residents are here for three months. What help is that?
$60,000 per year is a scare tactic to terrorize the unit owners. A CAM is a Community Association Manager, Pat Blunk is one. There are lot's of them that would love to run your association...$1000 year sounds a little low, but it's just computer work and being at 2 meetings a year.
I am a bit slow here. What 2 meetings a year. There are 12 meetting per year and there is quite a bit of info that goes on at each meeting if you want to keep up. As well there are votes that go on at nearl every meeting. Why pay someone even $1,000 to go to only 2 meetings? How can they keep up the associations interests?
Grace,
It appears from your posting that you are referring to the 12 meetings of the UCO delegate assembly. The association only needs two meetings a year: the budget meeting and the annual meeting. If your reason for staying on the Board is to save a few bucks, and you haven't informed yourself of even the basic legalities, then you are part of the problem and not the solution.
You could be right. We have one meeting per year. Our budget is drawn up by Seacrest not us and we approve it. It is then tacked up on the bulletin board. We have a general meeting in early January as most of the associations that I know of. I did mean the UCO meetings. What computer work are you referrig to???? Not all associations use computers and not all people have computers as hard as it is to believe.
Grace,
If you don't have a budget meeting then YOU are in violation of State Law. I suggest you send a registered letter to Seacrest and dump the responsibility on them. Since I have your name, I will be reporting you and Seacrest to the State Department of Business and Professional Registration, Division of Condominiums.
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