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GaryL3 (Florida)
Posts: 32
Posted:
Just curious what some of you thought.

Florida Condo...right to speak written rules.

The statue states:

If it is a condo, the owners have a right to attend the board meetings and have a right to speak with reference to all designated agenda items. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.

When it says the association may adopt the rules, does this mean that the board cannot and they have to be adopted by a vote of the association?

JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Gary:

This is one of those instances where it is beneficial to reference the “definitions”.

 (2)“Association” means, in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership.

Before I give potential opinion … after you read the definition I would like to hear your opinion first.

GaryL3 (Florida)
Posts: 32
Posted:
Sounds like both. Thanks. BTW where did you get the legal definition?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Either can adopt ...

Definitions are at the beginning of statute sections:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0718/Sections/0718.103.html
PeterD3 (Florida)
Posts: 708
Posted:
(2)“Association” means, in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership."

I think some may be seeing what they want to see...

There are two entities described above:

The entitiy who operates the common elements... “Common elements” means the portions of the condominium property not included in the units.... The BoD.

And another entity who operates or maintains other real property. This is things which may be owned by the association but are not for member use such as landscape or other maintenance equipment, pool cleaning equipment, etc.... again the BoD.

None of these confer any authority to the membership [at large] to set or define any policy, rule, restriction or in this case BoD meeting protocol.
JanetB2 (Colorado)
Posts: 4,219
Posted:
And another entity who operates or maintains other real property. This is things which may be owned by the association but are not for member use such as landscape or other maintenance equipment, pool cleaning equipment, etc.... again the BoD.


Hi Peter … This section is actually regarding the membership meeting. Also, “Real Property” is actual lots or acreage owned by the homeowner’s association and in which each person owns a portion by virtue of their covenants. Most of the items you mentioned above would be considered “tangible/personal property”.

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