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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I own a unit in a residential condominium in Florida, For

Customer Question

I own a unit in a residential condominium in Florida, For the past several tears I have been a member of the association board. As a snowbird I have been in Massachusetts for six months and Florida the other six months. While away from Florida, I have continuously communicated via e mail with the board re various issues affecting the condominium. The board refuses to install telephone conference equipment so I cannot participate in a board meeting while I am away. This has been the set up for years. Lately, because of negotiations with Verizon for the installation of a cellular antenna on the roof of our building, which I oppose, until information from an independent wireless expert consultant can be made available to the owners. This has been denied. Presently we are awaiting the results of a proxy mailing by the board seeking acceptance by 75 percent of the owners to proceed with the lease,( drawn by Verizon lawyers) Exhibits of plans, photos and needed information has not been provided except by one informational meeting conducted by Verizon. The attorney for the board has reviewed the lease which is not acceptable We feel that an attorney versed in wireless installations would be more appropriate. It seems as if the board is not concerned about the ramifications to the residents of the building, but anxious to secure a steady rental income from Verizon. Less than a month ago, I was informed by the secretary/treasurer that I had not participated and he would bring it to the attention of the board for discussion. At that meeting it was agreed that I was not a member because I had missed three consecutive meetings. I obtained, by request to the manager, a copy of the unapproved minutes in which the Florida condominium law was cited as the legal basis. The citation does not include sub paragraph or section references. I searched ch718 and could find references to recall. I believe that their action is based on the bylaw which provides that three consecutive absences by a board member from meetings automatically becomes a resignation, but can be excused by resolution of the board. I believe that because of my opposition to the installation of the cellular equipment that the secretary/treasurer wanted to remove me from the board. Incidentally he is an owner of two income properties in the building, but not a resident None of the other board members are residents. There are six sections in this association. We are section one. The rest of the association consists of two story buildings and villas. My building consists of 40 units and four stories of ten units on each floor,three different plans. It is occupied by snowbirds and approximately 12 elderly persons all year . my question is: Ffor years a snowbird elected board member continued as a board member without any notice of prolonged absences. This has been the accepted practice for years and was never brought to anyone's attention before this time. I feel that selected enforcement has been applied to me. I, in my bliss, have for years kept a steady correspondence and now have been told that I didn't participate. Since last September I have been in two hospitals and two rehabilitation skilled facilities. This is the first time I was unable to be there in the winter months I am 88 years old and still function mentally, but limited physically. This is cruel action by the board and I believe dominated by the green money carrot dangling in front of them, yet earned on the backs of unsuspecting good people.
Thank you for listening.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I have carefully reviewed your post. However, I did not see any specific question.
What is your question?
Customer: replied 2 years ago.
My question is: How do I respond to the action taken by the board. The unapproved minutes read" Per Florida statutes 718 my name is no longer a member of the board of directors because she has missed three consecutive meetings." In my opinion the citation is incorrect. There is no paragraph or section included and by researching that law ch 718 I find that the only section is about RECALL There is a bylaw of the association that reads that an absence of three consecutive meetings is automatically considered a resignation with direction to send a letter of resignation. I believe that the person recording is the manager of the management company. That statement in the unaproved minutes is improperly cited. I want to know how to address the situation? I want the minutes to be written correctly. Yes I have missed the meetings, but no one was ever informed of this. For several years a snowbird member continued on the board withoutprovocation of any sort. As I explained in my original question, I am sure that this is a cumulative effort by the member who has been the principal communicator with Verizon people. All I asked for was more information and a qualified consultant to study the proposal with the concerns of the owners as the mainobjective. Verizon, with cooperation of the board, has given one informational meeting. I am upset because this is so unfair.
Customer: replied 2 years ago.
If the board, in the past,( several members have been on the board for many years) never challenged absence of a member, doesn't that show their indifference and acquiesce of absences? Is that estopell?
Customer: replied 2 years ago.
when will an answer be provided?
Customer: replied 2 years ago.
I am waiting for an answer Today it is over three hours, yesterday was foever and no nswer except a request for more information. What is happening? Will I get an answer >
Expert:  Andrea, Esq. replied 2 years ago.
Hi, my name is Andrea, The other expert opted out of your question. I will do my best to address your concerns about the correctness of the minutes and the only thing I ask in return is that you leave a positive rating for me which will NOT cost you anything, so that Justanswer gives me credit for assisting you, Fair enough ?
CHAPTER 718 is quite lengthy. Please tell me which subpart the association is relying on. Thank you.
Customer: replied 2 years ago.
have been trying since this morning after I read the email from the expert asking for more information. I sent that immedicately and eve since I cannot get to his answer. I have corresponded with customer service and toonigt she sent this link and now I have you. It hs been a terrible runabout. I am very disappointed in the service
Optional Information:
Country relating to Question: United States
State (if USA): Florida
What have you tried so far?: gave followed directions from the email, gave my credit card, which is on hold. answered the lawyer's email. did not use the telephone because it seems as that is an additional charge. My question is noy divviculy and I think that I knoiw how to tesolve it by sending a certified letter to the board asking for the legal basis for their action and a correction for t a change to the minutes. I will also ask for a bote of the members. Under floorida law, by sending a certified letter with one question, hey must answer within 30 daysx. I am a retired research librarian and director of a government library so I am able to do both legislative and legal research. I wanted another opinion, but now I believe that is not necessary because this source is too convoluted.
Expert:  Andrea, Esq. replied 2 years ago.
I am sorry that you had such a difficult time. I just now stepped into your question, but you seem to have it under control.
You can also include in your letter that the Board has not raised objections in the past when other members did not attend all of the meetings.
Best of Luck,