There’s nothing worse than being a unit owner in a building and seeing someone on your board breaking a rule and seemingly getting away with it.
Some board members believe that they are “above the law” so to speak, and seem to be operating under a different set of rules than the rest of the building.
This could be anything from giving themselves preferential treatment for parking spots, flouting pet rules, fast-tracking their own alteration projects or voting on financial matters when they themselves are in arrears.
“Board members not following their own bylaws happens more than you’d like it to happen,” adds Raymond A. Piccin, a partner with the community association law firm of Katzman Garfinkel & Berger in Fort Myers.
“There are two reasons. One is obviously intentional which is probably the worst case scenario and the second is unintentional. A lot of boards usually adopt what the prior board did. I can’t tell you how many times I’ve run into situations where I’ve read the documents to them and they say ‘we’ve been doing it this way for 20 years.’ That may be so, but that doesn’t make it right. I would say eight out of 10 times it’s innocent but there is a small percentage of them that are doing it for nefarious reasons: either they want to get back on the board to get other people off the board or some other reason.”
FL Legal Group handles a wide spectrum of legal counseling on the topics of condominium, cooperative, timeshares, homeowners associations, property management firms and master associations.
Our Community Association attorney, Nicki Fernandez Asmer, plays an integral part of our client’s professional team.
We assist the board and its management companies while preparing for a conducting their meetings.
We equip them with the answers needed when faced with questions about documents or pertinent law.
We help to enforce covenants and restrictions, and assist the drafting and negotiating of contracts for provision of services.
Attorney Asmer is responsible for providing legal counsel to the officers and directors of the association, as well as the manager of the operation.
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