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Does the Association president have the power to override a…

Does the Association president...

Does the Association president have the power to override a board vote if it violates the Condo "Docs" The Board majority decided not to number parking spaces which had been previously numbers and are protected thru limited common elements for "exclusive use?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

The state of Florida

Lawyer's Assistant: Has any paperwork been filed?

With regard to what?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I presented the confirming evidence at a board meeting that since the parking spaces were assigned previously that they should be renumbered with the condo owners number. Some board did not review the documentation nor present any evidence t the contrary and just voted no. My opinion is that as a limited common element (with exclusive use to the owner) it should be marked as such and the board does not have the right or authority to deny what is in the "Condo Doc".

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1/19/2018
KLAW
KLAW, Arbitrator
Category: Real Estate Law
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Customer reply replied 4 months ago
okay
Customer reply replied 4 months ago
I'm okay with this for now, thanks
Ok. I will type your answer
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A little background. Most association boards have the power to promulgate new rules to be followed by members, although those rules cannot override rights granted in the more-senior documents.Your community documents follow a hierarchy - the declaration is the most important, then the articles of incorporation, then the bylaws and then the rules and regs.So, for example, if your declaration were to state that owners are allowed to park in an assigned parking spot, a board could not pass a "rule and regulation" changing the parking to non numbered. To change that rule would require an amendment of the declaration.So, on your point, you say that the Association president decided to override the Board vote, that is something he cannot do if the new rule violates the Condo "Docs".If the elected board is changing rules that were written by the board of directors in the first place, or if they are adding new rules that do not conflict with the other documents, that would be fine, assuming that they have given the owners proper notice of the rules changes and an opportunity to discuss the changes at an open board meeting before a vote (check out Florida Statute section 720 for more information on access to HOA board meetings and notice requirements).I hope this clarifies and helps. Please don’t forget to rate the question. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
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Customer reply replied 4 months ago
There is no new rule in place. The President wants to override the Board who does not want to mark the parking spaces which were previously numbered according to the doc.

Under Florida statutes, the Board President's powers and duties are not defined. No where in the laws are the president's powers and duties codified, he or she is limited to what it says in the by-laws. If the by-laws don't grant the president special powers or duties to act without the consent of the rest of the board, he/she can't do it. Granting one person unilateral power like that would basically defeat the purpose of requiring that the condominium be governed by a board of directors.

Otherwise, since Florida law requires that a condominium association be incorporated, Section 718.111, you can look at the corporations statute. The corporations statute give the president the power to call meetings to order, Section(###) ###-####and to answer interrogatories served on the corporation (shared with the other officers), Section(###) ###-#### The statute doesn't give the president special powers or the authority to act without the approval of the full board. I hope this clarifies.

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Customer reply replied 4 months ago
it does. Thank you.
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