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MarqH (Florida)
Posts: 5
Posted:
Hey Everyone,
I am the president of a board of a small (19) HOA in Ft. Lauderdale. We have an emergency plumbing issue. A cracked drain pipe which has to be repaired ASAP as it is causing sewage backup in some of the units. This is a single story property.
Do we still have to have an "emergency meeting" to go over the bids we have received in order to proceed.
I3 of the 19 units have given us an approval via text or email.
There will be a special assessment to cover the cost of the repairs.

Thanx
Marq
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why would you not have some kind of meeting? We have a 3 bid requirement. Plus would have to KNOW what the amount of the repair is going to be BEFORE assessing it. How going to base the "Special emergency assessment" if you don't know how much your being charged? Can't just grab a number out the air and say "Well if we have any extra we will give it back or put it toward X project". It doesn't work that way necessarily.

Have a meeting ASAP and discuss your options. Be open about it. People respond better if they know exactly how their money is being spent.

Former HOA President
MarqH (Florida)
Posts: 5
Posted:
Melissa,

We have had the 3 bids. The cost is 12,000 compared to 20,000 and I have been keeping every owner abreast of the costs and information via email. There are some rentals in our small community so I have been also letting in the tenants in on what is going on also. My question was if anyone knows in Florida if it is required by law that you must have a meeting in this situation when now 15 of the 19 owners want it done. There is always the lone woof who can make hell for the rest.
Thanx
Marq
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Get the BoD together, decide which bid to accept, and get the work done.

Not sure if this is helpful - from FL COA statute ... I'm assuming you have read it?

"1. Adequate notice of all board meetings, which must specifically identify all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency. If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose. An item not included on the notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members. Such emergency action must be noticed and ratified at the next regular board meeting. "
LetA (Nevada)
Posts: 2,679
Posted:
Is there anything special other than labor cost to make you go with the $12k bid? Why don't you have a reserve fund to cover this expense and then raise assessments over a 3-5 year period to lighten the blow to the pocketbook.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By MarqH on 09/13/2018 6:05 PM
Melissa,

We have had the 3 bids. The cost is 12,000 compared to 20,000 and I have been keeping every owner abreast of the costs and information via email. There are some rentals in our small community so I have been also letting in the tenants in on what is going on also. My question was if anyone knows in Florida if it is required by law that you must have a meeting in this situation when now 15 of the 19 owners want it done. There is always the lone woof who can make hell for the rest.
Thanx
Marq

Your board can call a special meeting on 48 hour notice (unless your bylaws say different) and choose to accept whatever bid they want, and to authorize the work to begin right away. It doesn't sound like it's a big deal especially with so many homeowners in favor of getting the work started.

It doesn't take a members meeting to do that. A couple of things to watch out for: if a special assessment is going to be voted on then that board meeting must be noticed 14 days in advance. Make sure the contract for the work has a completion date writtin into it. The work will be completed "no later than 1 January 2019," for instance. If it's the board that doesn't want to get this moving - maybe the 6 of 19 who have not given their approval? - then there are a couple of other hoops to jump through. As in a condo association, 20% of homeowners may petition the board to add an agenda item to their next meeting. The catch is they have 60 days to do it. If they really don't want to do it then the members can call a special meeting of the members (check your bylaws on how to do it) and then vote to recall the board members and replace them with others who want the work to start. If you've got 15 of 19 who want to get on with it, it should not be difficult to make this happen in short order.
MarqH (Florida)
Posts: 5
Posted:
Hi Melissa,
Thanx for the reply. Here is my confusion. The internet says two different things when it comes to this issue, emergency assessments. We have all the owners wanting to do it and no problem with the assessment. We just have one person that is reading the law differently than the rest of us. Our management co. says just to go ahead and have the meeting which we are doing.
Thanx
Marq
MarqH (Florida)
Posts: 5
Posted:
Emergency issues come under a different statute. I have read way to many things. Now I have to ask myself, why did I volunteer? If you look under emergency work in a condo it winds up being very vague.
Thanx
Marq
MarqH (Florida)
Posts: 5
Posted:
The condo has been under poor management for many years. I have only lived here 2 years and now on the board for 1. We don't have a reserve as in Florida if the owners don't want it they don't have to have one. Our account does have a little bit of money in the bank though we have other expenditures like, a new gate intercom system and a walkway that has to be replaced. We just completed a new roof 7 months ago which again had to be a special assessment plus all the funds we had left.
The other bids came in around 20,000 and the person we went with spent a full day going over everything and scoping the waste line(s). Both have licenses, insurance and great reviews.
Thanx
Marq

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