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YvonneF (Florida)
Posts: 2
Posted:
We are a condominium association in Florida. We have used the same large Property Mgt company for many years. They choose vendors, pull permits, etc. Up until two years ago, the COA employed its own Maintenance Technician who worked 40 hours per week. At some point in time, it was decided to replace some large double doors with double sidelights (windows) on each side thereof, and without pulling permits, the COA's Technician ordered 18 sets of these doors. Very expensive. He proceeded to install them himself, alleging that he had pulled permits and then later saying the "then" COA President had told him to NOT pull permits. IN FIVE YEARS, HE INSTALLED FIVE DOOR SETS. He was eventually fired and the Property Mgt company inserted its own full-time employee. The new Tech installed the remaining 13 door sets but was told by the Property Mgt company to NOT pull permits. Let a sleeping dog lie. In November of last year, my wife became the President of the COA and in June of this year, I joined the BOD. That was permissible since we own multiple units in the community. While I don't practice law, I do have an accredited law degree and I believe we have a fiduciary duty to the community to try to obtain permits "after the fact." My wife agrees. I worry about the Business Judgment Rule not being available if we intentionally ignore what has occurred. We don't like the mgt company and they don't like us. They along with the allegedly independent attorney which represents the community are taking all kinds of actions to get us to resign. Long story. I'm interested in seeing if anyone else has experienced a similar mess and if there are legal consequences that can be relied on to combat the mgt company. This is going to get nasty and expensive I think.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Sleeping dogs can be grumpy if something wakes them up.

I agree that getting permits now is better than waiting and hoping that nothing happens - but I'm not a lawyer, so the board should talk to the association attorney to make sure this is done correctly. Even if there are penalties of some sort, I think it's better if you can point to efforts to do things correctly rather than trying to hide evidence of deliberate wrongdoing.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Make sure you are supposed to pull permits for this type of work. I would call your local permit department to ask what and who is to pull a permit. You may not have needed one pulled for that type of work. Plus depending on how that person is employed and by whom, may play a factor who is to pull them. Was he an HOA direct employee then HOA may needed to. IF a MC hired contractor, then it is on the MC. If they are a hired contractor, then their company.

Not every construction project needs a permit. Example: I can do my own electrical work on my house without pulling a permit. However, if I hired someone then they must pull one or I pull one for them. It varies locally so best to ask the "experts" without explicity regarding the job that was done. Speak in "hypotheticals". You do not want to start ringing bells...

Former HOA President
MichaelS56 (Minnesota)
Posts: 858
Posted:
What role did the Board play in this process? The management company should be going through the Board to review the contract and the specs and then approve the expenditure. The management company works for the elected Board. If a resident asked about the contract each Board member should be able to answer questions.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Yvonne

Where are the doors that were replaced?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Yvonne

Do I need a permit to change my front door in Florida?
Yes. A permit is required to verify that the manufacturer's installation procedures are followed and are in compliance with the Florida Building Code. Residential interior door replacement does not require a permit.

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