An Opinion By Randy Jackson
Apopka, FL
Published June 13, 2015
Let me say first off You will
not find this information in any legal journal or publication although the
content is buried within the legal jargon associated with every condo in the
State of Florida. Most Condo Developers and Lawyers do not want this as
something highlighted in their information because of the clear intent of
its meaning. Lawyers will argue pro and con because it tends to dampen the
need for their professional opinions and services. Typically, at some point,
the developer will loose their complete control of the Condominium they
created and a new sheriff is in town. For many it is best to just just keep
this information convoluted and hidden.
Power Hungry Directors and Managers hate this information because it allows
Owners to know and understand who actually controls the Condo Owners Destiny
and how to accomplish their control. You the Owner - control!
You are not likely to find this in Condo Newsletters or hanging on the
bulletin boards or in New Owner Information packets, but I believe it should
be well understood by every Condo Owner or anyone considering condo life.
This is not written in legalese and not intended to be perfect, it is
written to help Owners understand what should be important to them. Their
collective ability to control their life in a Condo.
Condo control requires the majority vote of ALL of the Condo Owners.
Mostly a simple majority controls the most issues. One half of the Units
plus 1, although different condos may have different requirements, the
Quorum is the controlling factor.
Learn what the Quorum is in Your condo.
In this paper, The reference to a "Condo Owners Majority" will always refer
to the Majority of the Legal Quorum required.
Condo Owners 101
When someone purchases or accepts or takes over a condo property they become
part of the Controlling Ownership of the entire complex. That includes ALL
common areas and services Owned or Operated by the Condo Association.
This mere simple fact gives every Owner a right to have an input on the type
of lifestyle they want to live in. The Power of the Condo is in the Owners
banding together and taking control of their future. The majority of Condo
Owners, as a group, Control their own destiny.
If the Condo Majority want their condo to become a “trailer trash park” that
is what they need to pursue and can force the Management they choose to
maintain a course toward that direction.
Of course, most Owners probably have more lofty goals for their lifestyle
but the principal is the same. Owners Control their condo lifestyle
direction.
Owners must come together and maintain a close relationship at ALL TIMES.
They must have full insight to the overall direction and daily operation of
the management decisions that have been made. They must have a full
understanding of their Condo Finances and they MUST have a means that allows
each Owner to understand what is going on within their Condo Association, in
a timely manner.
It is the Condo Owners responsibility to insure their ability to receive the
complete and proper information, in a timely manner (a timely manner is what
the Condo Owners choose, daily, weekly, monthly, yearly and such).
Condo Owners maintain control through Owners Meetings that can be called at
any time the Owners feel necessary. Maintaining close control of the Owners
Group is paramount to successful Condo Owners Control.
Developing and maintaining a system of Owner Contact and response in a
timely manner can provide successful Owners Meetings in a matter of days,
not months or years. There are certain specific laws that govern Owners
Meetings, to assure proper Owner notification and distribution of needed
material, but this becomes a simple procedure because the Owner Organization
is developed, organized and Maintained.
The Owners generally hold annual elections to find volunteer “Directors” who
will serve to maintain the daily operation of the Association. These
Directors are given certain responsibilities and duties but at ALL TIMES
serve at the pleasure of the Owners. Owners may change Directors “any time
during the year”they wish, with or without cause, if the majority of Owners
so agree.
With a well Organized Owners group, This is the POWER of the Owners, to have
full control of their Condo destiny.
CONDO Owners 101A
The Basics of Condo rule 101A are simple:
Never allow any group of Directors or Management to take away, diminish, or
hide the Owners ability to monitor and know what is going on in their
community. Never allow the Owners Group to be ignored or allowed to “drift”
apart. Always maintain Your Owners ability to Control Your Condo
Association, under all circumstances at all times.
Replace Directors or Management as necessary to insure the Condo Owners
remain the ONLY controlling entity and allow Your fellow Owners to help
maintain Your chosen Condo Destiny.
When some Manager or Director makes a statement that “We can never get a
Quorum at an Owners Meeting” it is a clear sign those Managers or Directors
MUST go, they are not doing their job to protect Our Owners Group.
Find Managers and Directors who will number one, protect the Power of the
Owners to maintain control and rid the association any any who feel
differently.
END
NO matter where You live in Florida the Condo Laws are quite similar and
even flow into many Home Owner Associations. There are legal arguments all
over the board but if the Owners will always remember and insist upon a
Strong and Organized, Majority Owners Group, the Owners will end up winning.
Good Luck and Enjoy Your Condo Life. |