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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33070
Experience:  12+ yrs. of experience including real estate law.
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Condo Association in Florida: Each unit is allotted 1

Customer Question

Condo Association in Florida:
Each unit is allotted 1 parking space. There are visitor spots available which are not for residents. There is another lot for residents with additional vehicle requirements.
Can the President with or without Director approval and with or without unit owner approval change policy by charging "rent" for the additional parking spaces?
If the answer is yes, can they do so in the middle of a year and would a current resident be grandfathered?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

This depends on the bylaws. Tell me, do you have a copy of the bylaws handy?

Customer: replied 1 year ago.
I will look for them.
Expert:  P. Simmons replied 1 year ago.

Thanks
Respond when you have em and we can chat...I have some thoughts

Customer: replied 1 year ago.
I will ask a different question because I cannot readily locate the by-laws .
At our annual election, 5 directors were elected. The directors voted in a new President who happened to have received the fewest votes. However, it was soon discovered that a non owner voted for that person which resulted in a tie for the 5th director seat. The DBPR ruled that there must be a run-off for this 5th seat. The result was that "president" lost. The board elected a President who was not eligible to have been President according to our by-laws. Was she ever the President and/or a director? What would you suggest for the new completed board to do with previous minutes?
Expert:  P. Simmons replied 1 year ago.

Can you verify, this in FL?

Customer: replied 1 year ago.
Florida.
Expert:  P. Simmons replied 1 year ago.

Thank you. I need to pull the FL code on this. I'm away from the office for two hours. If you're OK waiting I will provide an answer when I return.

Customer: replied 1 year ago.
Thank you.
Expert:  P. Simmons replied 1 year ago.

Thank you for your patience

The answer to the new question, like the original question, depends to some degree, on the bylaws of your association.

Lets do this…I will address both questions , discussing the legal implications…you would need to review the bylaws to obtain a final answer…but I suspect I can arm you with the information you need to answer the questions (once you can review the bylaws)

As a starting point, the law that covers this can be found here

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

This is Chapter 720 of the FL code. It provides the legal framework for homeowners associations to operate in the state of FL.

First Question:
Can the President with or without Director approval and with or without unit owner approval change policy by charging "rent" for the additional parking spaces?

There is nothing in the FL code that prohibits this. That is, there is nothing in the code that would prohibit an HOA from adopting such a rule (charging “rent” for extra parking)

That said, any such rule MUST be passed in accordance with FL law.

Section 306 of the FL code provides, in part

Unless a lower number is ***** in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained.

So for the HOA to enact such a rule? The MUST meet the above requirements. If that did not happen (the did not have quorum)? Then the rule would not be valid.

So to answer the question, can such a rule be enforced?

It could IF it is part of the bylaws and IF it was put into the bylaws by a majority of a quorum of members.

Second Question:

Was she ever the President and/or a director? What would you suggest for the new completed board to do with previous minutes?

Assuming that the quorum requirement was met (as described above) AND that the original election (to President) was supported by the bylaws (you have to look at the bylaws to determine if they met the rules for elections) then the appointment was valid, FOR THE TIME IT LASTED.

I understand that there was an error in the voting process…and that there was a reelection…and that she was not elected. But for that brief period of time, she was president. I would have the minutes reflect that.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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