The manager at one of the ROCs we represent recently sent me a "Performance License for RV Parks/Campgrounds" from a company called SESAC. The manager wanted to know whether SESAC had the right to insist that the community obtain a license in order to play live or recorded songs in SESAC’s music catalog
Board member responsibilities
The Americans With Disabilities Act Twenty Years Later
I just read an article at the CNN website about the Americans With Disabilities Act, which was signed into law by President George H. W. Bush on July 26, 1990. That article contained a link to a story that personalizes the importance of the ADA and its intent to insure that all citizens…
ROCs Must Use Caution When Responding to Fair Housing Complaints
By Scott Gordon on
Several of the resident-owned communities we work with have had the great displeasure of dealing with complaints filed by residents under the Fair Housing Act. Most of these complaints are without merit and are eventually resolved in favor of the community. Quite often, the resident filing the complaint is simply trying to delay…
Amendments to Florida Statutes for ROCs Effective July 1, 2010
By Scott Gordon on
Governor Crist signed Senate Bill 1196 into law last week and I’ll be posting several entries about the amendments to Florida’s statutes affecting condominiums, cooperatives, and mandatory homeowners’ associations in the coming weeks.
I’d like to first mention a provision in Senate Bill 1196 that corrects a "glitch" in the statutes governing cooperative associations.
SB…
Airstreamers as Art and an ROC nightmare
By Scott Gordon on
I’m posting two very different articles for the education and enjoyment of my blog readers:
- A horror story from a recent edition of the Fort Lauderdale Sun-Sentinel about a ROC board’s disastrous decision to forego insurance coverage.
- A much lighter report from the May 16, 2010 edition of the St.Petersburg Times about the "Airstream Ranch"
…
Skype and ROC Board Meetings
By Scott Gordon on
Posted in Board meetings, Board member responsibilities
Most ROC managers and board members know that Florida statutes governing condominium associations and cooperative associations allow directors to attend a board meeting by phone.
While the statutes governing mandatory homeowners associations don’t provide for an HOA board member to appear by phone at a board meeting, if the HOA is a not-for-profit corporation…
ROC Boards Must Carefully Consider “Material Alterations”
By Scott Gordon on
Posted in Board member responsibilities
One of the resident-owned cooperatives we work with recently contacted me with a very interesting question. This ROC wanted to create a "community garden" on an unused common area and the manager wanted my opinion as to whether the board could authorize this "community garden" or whether a vote of the members would be required.
As many…
“Low-Rise” ROCs Can Waive Requirements to Retrofit for Handrails and Sprinkler Systems
By Scott Gordon on
Posted in Board member responsibilities, Safety
Board members and managers in resident-owned condominiums and cooperatives may recall that tucked away in Chapters 718 and 719 of the Florida Statutes are several provisions that require associations to "retrofit" their "common areas" with handrails or guardrails and fire sprinkler systems or other "engineered life safety" systems. The statutes provide that these retrofitting requirements…
ROC Boards Should Consider the Costs of “Principle”
By Scott Gordon on
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…
ROC Boards Must Be Consistent When Enforcing Rules
By Scott Gordon on
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…