Q: In our condo association we don't have enough people who want to serve on the board of directors to fill all of the seats necessary under our documents. What can we do? -- Tom
A: Owner apathy is probably the most significant issue facing community associations. For your community to run properly, enough of your neighbors will need to volunteer for the difficult and often thankless job of serving on the board. If enough people do not step up to fill the required seats, the law allows any owner in the community to apply to the court to have a receiver appointed to run the association until enough owners can be found to serve.
Unlike neighborhood volunteers, a court-appointed receiver will be paid a salary by the association, and the costs of having the receiver appointed will be reimbursed to the owner who applied. Receivers can be expensive, so a special assessment will most likely be levied against all owners to cover these costs.
Since this is a drastic move, the owner making the application must notify the association at least 30 days before filing with the court and must post the notice conspicuously for other owners to see. The announcement tells the other owners that unless the vacancies are filled, the court will be asked to have a receiver appointed. Upon seeing this, your neighbors would be wise to find volunteers to serve their community.
About The Writer
Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Send him questions online at www.sunsentinel.com/askpro or follow him on Twitter @GarySingerLaw.
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