If nobody residing at an Association refuses to take the Office of
President what is the outcome. We were told that Seacrest will take
over at a cost of $400.00 per unit per month. Can an Unit Owner
who is a snowbird and only at CV for 2 months take the position
of President? Any commets would be appreciated.
Tuesday, January 27, 2009
Association Officers
Subscribe to:
Post Comments (Atom)
10 comments:
Look to Article V, "Officers" of the Bylaws of your Association (or subsequent amendments to your Bylaws). If this Article contains a provision which requires that an OFFICER must be a resident... then you have your answer. In the absence of such a provision, there is no residency requirements for OFFICERS.
On the other hand, please be advised that no amendment to the Bylaws (Article IV, "Directors")can legally impose a residency requirement to serve on the BOARD OF ADMINISTRATION.
The Division permits residency requirements for OFFICERS ONLY.
If you have UCO model documents, then you will find that the "management company" can take over 99% of the duties of the Association. I'm sure you can make a deal with Seacrest for an extra thousand or two for the whole association for the whole year.
ps. running an association is very easy if you don't listen to UCO.
To anonymous 12:17,
Management Company, i.e. Seacrest cannot substitute for a duly elected Board or duly elcted Officers. If by 99% of the duties of the association, you refer to bookeeping, financial reports, meeting notices, proxies, voting certificates, general operations, repairs, etc., then I agree.
A Condominium Association (incorporated or unincorporated) is required under Florida Law to have a duly elected Board and a duly elected President, Secretary, and Treasurer.
Seacrest will NOT even be a Registered Agent for an Association, no less assume a title of an Officer or Board Member. This information has been verified as Seacrest's policy by Larry Granet, a property manager and licenced CAM employed by Seacrest Services.
Your reference to "Management Company (Firm)" is defined in the UCO Model Documents as "... being responsible for the management of the condominium property...".
Only a Receiver, appointed by the State of Florida, can legally substitute for an Association's Board and Officers.
Anonymous 12:57,
Apathy and indifference should not be labelled as "a Florida thing? A UCO thing? A Levy thing? A Jewish thing??"
The following recent amendment to Statute (capitalized)could also be an aggravating factor as follows:
718.112 (2)(d) 3. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election ALONG WITH A CERTIFICATION FORM PROVIDED BY THE DIVISION ATTESTING THAT HE OR SHE HAS READ AND UNDERSTANDS, TO THE BEST OF HIS OR HER ABILITY, THE GOVERNING DOCUMENTS OF THE ASSOCIATION AND THE PROVISIONS OF THIS CHAPTER AND ANY APPLICABLE RULES (which refers to the applicable Florida Administrative Code (Rules).
This is a tall order indeed! It is time consuming enough to just "READ",... and then, condo attorneys are constantly arguing as to the true meaning (and intent) of many of the provisions contained in all these sources of law! Assuming such a committment is truly a heavy cross to bear. My hat goes off to those of you who knowingly assume such a great responsibility.
As an afterthought, I wonder how the "Division" will handle the disputes which will be filed for the failure of an association to send out this required certification, and the election of those candidates who have failed to return them (signed)?
Hi All,
Randall has said it all in the comment stream.
No Seacrest like firm can take the Statutory responsibility of a duly constituted Board.
If any Association cannot produce a proper Board
IAW with the Law, a Receiver may be appointed by the Court.
Said Receiver will assume ALL of the powers of a duly constituted Board and it will cost you a lot more that $400.00 per month, as your Association must pay the Receivers salary.
Dave Israel
Stop intimidating everybody.
People, it's time to get professional management for this whole Village; it will be cheaper than UCO....more competent because it will be legal, and the goalpost won't have to be moved every week to cover their expensive mistakes.
What happened to anonymous 12:57????? Censorship???????
Hi A Nony Mouse
Jan 27, 2009 7:00:00 PM,
Obviously, you saw it, and know well that it was one of those snide ethnic slurs.
As I have noted before, they will be removed upon detection.
There are BLOGS that would welcome such entries with open arms.
Dave Israel
I agree with the previous anonymous. We need to change the way we manage the community.
Consolidation of the various associations with in the community to take advantage of a larger pool of people to choose from and the economies of scale. Perhaps the newly appointed association management teams might even put the various jobs such as plumbing, carpentry , accounting, land care etc out for bid.
The newly formed associations need not run every aspect of every community.
Randall, Dave, I want to ask you this through your knowledge by reading and analizing issues of all situations pertaining to Living in CV, if you wish to answere,and had the vote
(a) Stay with UCO
(b) Replace by a Management Firm
I also realize you are Ex. Board Members if this question is not for this venue please disregard.
Post a Comment