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Richard White: Only winners should be announced at annual meeting

By RICHARD WHITE (Contact)
12:00 a.m., Sunday, October 5, 2008

STORY TOOLS

Q. At the annual meeting of our HOA, there was an election for directors. The results were announced by naming the winners only. We were told that it was illegal to announce the actual count. Is this correct? — A.S., Naples

A. It is not illegal to provide the members the number of votes received information. However, it is not recommended. You are talking about your neighbors and the possibility of alienating people who live near you. The best thing is to announce the winners and forget the votes the winners received and how few votes the losers received. As an owner, you have a right to send a letter and request the information. The board should then provide the information to you and you can do with it what you like. However, I strongly suggest that you keep the information private.

Q. When the builder was still present in our area, he hardly enforced any of the rules and regulations. He turned over the association over three years ago. The boards for the past three years never enforced the rules that state one pet per home. Several homes have two dogs that are always walked on a leash and are not disruptive with excessive barking. Some residents have more than one cat or birds. Our current board has decided to suddenly enforce the one pet rule for dog owners. It would be heartbreaking for them to even think of losing one of their dogs and what about residents with more than one cat or bird? The dog owners are more visible because they walk their dogs and most of the cats and birds are hidden in the homes. Doesn’t this seem like a vendetta against dog owners and a potential legal action against the board if it does not enforce all of the rules instead of pick and choose? — F.S., Oldsmar

A. When a board begins to enforce rules where past boards failed to do their duties, it is never easy. Keeping in mind owners, the members have a duty to comply with the rules and regulations. It is to some extent the opposite of a dictating board but they are really the same, two parties with personal objectives but opposing viewpoints. When a buyer takes title to a home or unit in an association, they have a duty to comply with the rules. You now have a board that is attempting to enforce the rules when past boards did not fulfill their responsibilities and this can lead to all types of distress. Associations have rules and regulations that each owner has the responsibility to follow. You now have a new board that is trying to bring back into compliance rule violators. Maybe it is time for the members who are complying with the rules to back the board and those that are violating the rules to recognize the problem. With reference to the board only trying to enforce dogs that violate the rules, they have to start someplace. Once they have the dog violators under control, I am sure that they will then address the other pet issues. It sounds like many of your members have really taken advantage of past board failures and it is something that your current board will need time to bring back in line.

Q. You have answered in past columns that the board is responsible for enforcing the rules. Holding the board legally responsible for enforcing the rules against noncompliant owners, who else is responsible? You often respond in your column, “why not run for the board?” Perhaps, unfortunately it is because of the responsibility involved. I have seen too many people who hold the president responsible and sometimes they are correct if the other directors do not fulfill their duties. Lack of action means consent, right? I sure do not want to be president. We are lucky to have any person to serve on the board because most members want others to serve and do the work. Why would any person take on this responsibility? — C.L., Coral Gables

A. Your observation is very true. Too few will volunteer. There comes a time when each person must step up and do something for their neighbors and their community. It is not necessary to be president but perhaps serve on a committee or volunteer to be a candidate to serve on the board. All owners must also understand that the final responsibility is not with the board. Owners have the final responsibility. By this I mean if the board makes a defective decision that causes a financial loss to the association, the board may be held accountable, but in truth each owner will have to pay for the loss. Harry Truman said that the buck stops with him. Well in truth, if he made a mistake, each taxpayer would have had to pay for the blunder.

Q. Can a board of directors approve a special assessment simply to balance a budget? The members have been assessed what amounts to an additional quarter because the new board members have determined that there is a shortfall. Is not the full membership vote required for any assessments not deemed an emergency by the governor? — B.R., Naples

A. Budgets are not written in stone. They can be changed by the board at anytime with proper notice to the members. The budget was created as an estimate of coming expenses for the next year. Sometimes the budget is under estimated and must be recalculated. Since the board has the responsibility to maintain the common areas and operate the association, they alone have the power to assess the members. There are two exceptions where the members can vote to reduce assessments. The first is to vote to reduce the reserves and the other is if the expense budget is increased 115 percent (a 15 percent increase for most to understand). In both situations it is not up to the board to call a vote for the members as the members must themselves call for the special members meeting. The board can vote on any budget increases to meet necessary expenses and at any board meeting that is properly called and noticed.

Richard White is a licensed community association manager in Florida. Questions should be mailed to him at 6039 Cypress Gardens Blvd. # 201, Winter Haven, FL, 33884-4415; e-mail CAMquestion@cfl.rr.com. To be considered, questions and comments should include the author’s name and city. Questions should be about association operations, not legal matters.

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