"Civility" is a new "buzz word" as a result of the outburst of the South Carolina congressman who yelled "you lie" during President Obama’s address to the members of the Senate and House of Representatives last week. Regardless of how one feels about the health care reform debate, this interruption of the President’s speech by
Board member responsibilities
ROCs control the use of the 20 percent in “55 and over” communities
By Scott Gordon on
ROC managers and board members in "55 and over" communities know that the Fair Housing Laws and the Housing for Older Persons Act require that at least 80 per cent of the homes in the community must be occupied by at least one person 55 years of age or older. This requirement is often referred…
“Pet Lists” Do Not Violate Federal Privacy Rules
By Scott Gordon on
Posted in Official Records, Rules and rule enforcement
One of our ROC managers recently contacted me about a resident who claimed that the community was violating the Health Insurance Portability and Accountability Act of 1996 (often referred to as the "HIPAA laws"). While the community’s rules and regulations did not allow pets, several exceptions to the "no pet" rules had been…
Candidates for ROC Cooperative or HOA Boards Do Not Need Certification Forms (For Now)
By Scott Gordon on
Posted in Board member responsibilities
The owner of a company that manages many ROCs throughout the state recently called and asked whether residents who wanted to be candidates for the ROC’s Board of Directors had to first complete a "certification form." My answer was "it depends on whether the ROC is a condominium, cooperative, or subdivision."
While there are many…
Does Florida’s “Sunshine Law” apply to ROCs?
By Scott Gordon on
One of my blog readers recently emailed me and wanted to know whether Florida’s "Sunshine Law" applies to meetings between less than a quorum of the members of the board of directors of an ROC.
Many members of resident owned communities incorrectly believe that the meetings of their ROC board or ROC committees are governed by Florida’s…
Do ROCs have to provide members’ “summer addresses”?
By Scott Gordon on
Posted in Board member responsibilities, Official Records
I recently received an email from a board member of one of the resident owned communities we represent. One of the members of this ROC had requested a list of all of the "summer addresses" of the residents in the community. The board member wanted to know whether the ROC had to provide the member…
Members’ rights to attend ROC Board meetings
By Scott Gordon on
Posted in Board meetings, Board member responsibilities
Members of resident owned communities in Florida have the absolute right to attend meetings at which a quorum of the community association’s board of directors are present. A "quorum" is defined as a majority of the members of the board of directors. Florida Statutes Section 718.112(1)(c), which applies to condominium associations, and…
Can former members inspect “official records”?
By Scott Gordon on
Posted in Board member responsibilities
Does an ROC have to allow a former member to inspect and copy the information about that member in the ROC’s files?
One of the resident-owned mobile home cooperatives I work with received a written request several days after the sale of a unit from the former residents that sold the unit. Those former residents…