YvonneF (Florida)
Posts: 2
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.