I’ve always told board members that the residents in their communities elected them to vote on the issues that come before them and not to refuse or decline to vote on those issues. There are very few circumstances that justify a board member abstaining on an issue and most, if not all, involve situations
Board member responsibilities
ROC Rules Should Require Prior Written Approvals for Certain Actions
ROC managers and board members that have asked me to help create or amend rules governing their communities know that I stress the importance of a unit owner obtaining the written approval of the board before that unit owner can take certain actions, including the following:
- making additions to his unit
- bringing in another occupant
…
Updates on Educational Opportunities for ROCs
Several weeks ago I mentioned the educational opportunities offered at the upcoming annual convention of the Florida Manufactured Housing Association at the Saddlebrook Resort just north of Tampa on October 7 and 8.
I received a memo earlier this week from the FMHA about a "Round Table Discussion" that will be held at the convention…
ROCs control the use of the 20 percent in “55 and over” communities
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…
Candidates for ROC Cooperative or HOA Boards Do Not Need Certification Forms (For Now)
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?
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”?
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
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”?
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…