ROC Boards Should Consider the Costs of "Principle"

Posted on March 29, 2010 by Scott Gordon

I've been conducting "mini board orientations" at our current series of ROC seminars at Harbor Oaks in Fruitland Park, Japanese Gardens in Venice, and Golf Lakes in Bradenton.  In my presentation, I provide a list of ten suggestions to help board members deal with the issues that arise in resident owned communities.

One of those suggestions is that board members should know and understand the costs that may be involved in actions that they take to enforce community rules.  There is always someone in a resident owned community (quite often a board member) that insists that the "principle" of the situation requires that the board take a "hard line" approach.

I'll be highlighting an article from last Friday's Sarasota Herald Tribune when I conduct my next "mini board orientation during  our seminar at Enchanting Shores in Naples on the morning of April 1.  The article describes a battle that's being fought between the resident of the Summerfield community in Lakewood Ranch and the homeowners association that has fined her over $4000 because she has displayed too many decorations on her lawn. 

After you've read this article, you'll probably understand why the outline for the portion of my "mini board orientation" that deals with these types of situations is titled "Principle Costs HOW MUCH?"

I'll try to keep you advised of further developments in this situation within the Summerfield community.

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ROC Boards Must Be Consistent When Enforcing Rules

Posted on March 11, 2010 by Scott Gordon

A column in a recent edition of the Sarasota Herald Tribune highlighted the problems that all too often arise in communities when boards and managers fail to enforce a community rule on a consistent basis.   When a particular rule is enforced only against some of the residents in the community (with no legitimate reason for the rule's "selective enforcement"), it becomes difficult, if not impossible for that particular rule to withstand a legal challenge from a resident that feels he or she is being singled out for this "selective enforcement". 

I discussed this problem in my "mini board orientation" at our ROC seminars last week at Japanese Gardens in Venice and this week at Harbor Oaks in Fruitland Park.  Thanks to both of these communities for being gracious hosts and to all of the attendees.  I'll be presenting the same "mini board orientation" March 23 at Golf Lakes in Bradenton and on April 1 at Enchanting Shores in Naples.  Please contact either Karen Midlam (kmidlam@lutzbobo.com) or Kathy Sawdo (ksawdo@lutzbobo.com) if you haven't already rsvp'd and would like to attend one of those seminars.  These seminars begin at 10 a.m. and end by 12:30.  There's no charge to attend and refreshments are served.

I also wanted to note that last week a 96 year old man in Venice was attacked by a rabid otter while taking his early morning walk.   Fortunately, the man was rescued by several onlookers but suffered some fairly serious cuts and bites and both he and one of his rescuers will require a series of rabies shots.  Every community seems to have at least one resident that takes great pleasure in feeding the raccoons, birds, alligators, etc. that share Florida with us.   These residents need to be gently but firmly reminded that the "wild" in "wildlife" means just that, and that if the community has rules against feeding these wild animals those rules will be enforced--in a consistent manner against all residents in the community.

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ROC Presidents Must Vote at Board Meetings

Posted on March 1, 2010 by Scott Gordon

I always enjoy reading Richard White's column in the Florida Community Association Journal.  While there are several attorneys that contribute regularly to this publication, Mr. White presents the manager's perspective on questions and issues arising in resident owned communities.  

His column in the January 2010 issue of the Journal included an answer to a reader who asked whether Florida Statutes, an association's bylaws, or Robert's Rules of Order prohibited a ROC President from making a motion.   I appreciated Mr. White's  response as I've answered the same question in substantially the same way on many occasions.

Here's a summary of what Mr. White (and I) have to say on this issue:

  • Board members are elected by the general membership and they answer to the general membership
  • Motions and resolutions must be voted on by the directors as they (the directors) are responsible to the general membership
  • Officers are elected by directors and thus have duties to these directors
  • In a board meeting, the primary responsibility of a person who is both an officer and a board member is to fulfill his or her obligation to the general membership as a board member, and this requires that each board member have the right and responsibility to make motions and to vote.
  • Accordingly, not only can the President make motions, the President must vote on any motion that comes before the board.

Mr. White also states (and I agree wholeheartedly) that Robert's Rules of Order is "the most misunderstood guide as a directive" in ROC board and membership meetings.  Many residents don't realize that there is a specific section in Robert's that covers procedures in small boards (where there are not more than a dozen board members).  As Mr. White notes, nowhere in Robert's is there any prohibition against a President (or any other officer) making a motion or voting.

As I've mentioned in other entries to this blog and on many occasions during our seminars, board members should only abstain in those very rare occasions when a legitimate conflict of interest   exists.

The general members in a resident owned community elect directors and expect  them to vote on all issues coming before the board.  Many thanks to Richard White for highlighting this in his column.

 

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