Page 5 - CooperatorNewsSouth FLorida 2021

SOFL.COOPERATORNEWS.COM
COOPERATORNEWS SOUTH FLORIDA —
FALL 2021
5
QUESTIONS & ANSWERS
Legal
A Q &
Nonowner Board Member
Q
We have one board member
who is not an owner of his unit;
the deed is in his wife’s name as
sole owner. Our declaration, Articles of
Incorporation, and bylaws are very clear
regarding directors: Th ey must be owner-
members as they show on the deed. Th is
situation is repeating year aft er year, and
the explanation is that it is OK because
they’re husband and wife. Is this correct?
—Puzzled
A
According to Robert Rubin-
stein, offi ce managing share-
holder and board certifi ed
specialist in condominium and planned
development law at law fi rm Becker & Po-
liakoff in West Palm Beach, “Florida Stat-
utes, Section 718.112(2)(d)(4)(a), states: ‘A
unit owner or other eligible person desiring
to be a candidate for the board must give
written notice of his or her intent to be a
candidate to the association at least 40 days
before a scheduled election.’ So, the statute 617, Florida Statutes, are made applicable your case, you stated your association’s Ar-
allows persons who are not owners to serve to condominium associations by virtue of ticles of Incorporation and bylaws expressly
on the board, provided they are eligible to Florida Statutes, Section 718.111(2), as long require directors to be owners. Th at means
be candidates. However, this statute does as there is no confl ict with Chapter 718, a non-owner spouse—meaning a spouse
not give spouses any right to serve on the Florida Statutes. In the off chance a condo-
board if the spouse is not an owner, and minium association was formed as a for-
there is no other Florida statute or case giv-
ing spouses the right to serve on the board ida Statutes, it also applies when it does not ing a non-owner spouse serve on the board
if the spouse is not an owner simply be-
cause the person is the spouse of an owner. by virtue of the same statute with the same not be allowed.”
Aside from certain statutory requirements condition that it not confl ict with Chapter
like felony convictions or delinquencies, 718, Florida Statutes. Florida Statutes, Sec-
Chapter 718, Florida Statutes, does not set tion 607.0802(4), contains the identical lan-
qualifi cations for persons who are eligible guage requiring directors to be 18 years of
to serve on the board.
“Th ere are qualifi cations for directors set and benefi ciaries of a trust to serve on the
forth in the not-for-profi t corporation stat-
utes, but they are minimal. Florida Statutes,
Section 617.0802(1), just requires a director owner spouse the right to serve on the billed me for February, March, and April
to be 18 years of age or older. Subsection 2 board, but all the statutes allow anyone 18 and fees were to be sent to Phoenix under
of that statute allows a grantor of a trust or a years of age or older to serve on the board. a new management name. I called, but they
benefi ciary of a trust to serve on the board, Th erefore, it is up to the association’s gov-
if the trust owns the unit and if the benefi -
ciary occupies the unit. Virtually all con-
dominium associations are not-for-profi t the condominium statute defi nes as ‘other house water bill exceeded well over the usu-
corporations and the provisions of Chapter eligible person,’ can serve on the board. In
profi t corporation under Chapter 607, Flor-
confl ict with Chapter 718, Florida Statutes, violates the governing documents and can-
age or older and allowing grantors of a trust
board when a trust owns the unit.
“As you can see, nothing gives a non-
erning documents to determine whether wrote to them twice and got no reply.
any person who is not an owner, whom
whose name is not on the deed to the unit—
cannot serve on the board of directors. Ac-
cordingly, your association’s practice of hav-
Billing Mess
Q
In February 2017, I was double-
billed fi rst quarter. I paid in full
fi rst quarter by check using the
coupon book provided; the check cleared
my bank but they said I did not pay. Th ey
said I cannot call them but only write. So I
During this same time period, my in-
continued on page 10
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