patio nightmare in a coop not for profit unit in fl

Started by AdrianaS • 7 replies • 1338 views

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AdrianaS (California)
Posts: 48

Posted:

The BOD president, gave a verbal consent to place bricks over a small limited common element for her to have a table and chair. After a few complains,in a board meeting she denied and retracted.So the BOD decided to place it for vote,they voted 3 items, patio,pets, and xxx.The patio owners had an emergency at work could not be present to vote, but called, they refuse her to vote on the telephone, it was said if there was a tie,the BOD would make the final decision? If her vote was accepted there would have been a tie. The BOD hired a lawyer to enforce the majority vote,the patio owner asked if they were also enforcing the pet rule, if they were only after her. Because the pet owner is related to a member of the board. So the BOD attorney tells the patio owner the pet owner has a doctors note..and get's worst, they send her a letter that she must go to mediation,her attorney said she is not binded by it,because they are a Fl not for profit which has filed an unsigned set of rules and regulations governing it. So her attney believes the association is not in compliance with Chapter 720 Fla.Stat, and is asking for them to demostrate why they think they are a 720? Can they force her to mediation? is her attorney right? She is older am trying to help her. thanks

GlenL (Ohio)
Posts: 5,491

Posted:

Adriana, as Donna has told you Co-op's are not covered under 720 but under 719. Why would this woman pay for an attorney and not take their advice but rely on an internet forum. I suggest she heed her attorneys advice and I would suggest you read 719.

This is my first time trying to post a link, if it doesn't work just copy and past this into your browser:

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0719/ch0719.htm

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0719/ch0719.htm

Studies show that 5 out of 4 people have problems with fractions

SusanW1 (Michigan)
Posts: 5,202

Posted:

Do your bylaws speak about exterior improvments to properties and the need for approval from the board?

If so, the board president had no right to verbally OK a structure that needed to go before the board for approval.

The board must follow parliamentary procedures. Minutes should be kept of all decisions of the board.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Thanks Glen,

By Adriana's own words, she is a co-op and is covered by State Statutes 719. There is nothing more that we can do to convince her to look there for help.

DonnaS (Tennessee)
Posts: 5,671

Posted:

I should have added, because this was once a condo association and was turned into a co-op somewhere along the line, money says that they never got updated documents. If they did, then the answers as to "who is on first", should be in the new docs. If not, I would say that they need emergency help in this state of confusion.

MaryA1 (Arizona)
Posts: 388

Posted:

Donna,

I agree. When this issue was first brought up I did a little research and what I found out is that when changing from a condo to a coop there is certain paperwork that needs to be filed and I believe that was not done. Therein lies part, if not all, of the problem. I remember posting this info at the time. What I think is also part of the problem is that Adriana does not pay attention to the info we have been giving her and just keeps posting the same story over and over.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Mary,

Concur!

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