Article Courtesy of The
Sun Sentinel
By Marci Shatzman
Published July 29, 2007
Dick
and Judy Herman are more than 20 years younger than some of their
neighbors in Kings Point, so there was a collective sigh of relief when
they volunteered to run the Burgundy A Association.
This is the third year that Dick, 69, has been the president, and Judy,
64, has been treasurer. She also serves on the landscaping committee of
their 48-unit section in the adult community west of Delray Beach.
It's not how they envisioned spending their retirement, although they
don't mind it. It's just that some of their neighbors are investors who
rent, snowbirds just there three or four months, or they're in their late
80s and 90s. So, there simply aren't enough people willing or able to run
a seven-member board.
"When my wife and I visit our grandchildren, the board is down to
three, which means if there is any required business, an open board
meeting is extremely difficult," Dick wrote via e-mail. "Also,
because it requires two persons to sign checks ... it can take a month to
get the required signatures on checks."
But a rancorous court case is challenging whether well-intentioned
couples, or more precisely more than one person living in a unit, can
serve on a board in a condo association. The matter is being watched
closely for its obvious, widespread implications for people such as the
Hermans, who serve a community where people have aged and there aren't
enough to run the board of directors.
The lawsuit involves Phil and Lauren Rosen Beracha, who were elected to
the board earlier this year in Lakewood Village, a condo complex in Coral
Springs. Their right to both serve was challenged by a bylaw in the
association documents that says "there shall only be one director
serving from any one unit at any time," according to court documents.
"In the event that more than one owner of a unit is elected to the
board at the same time, one of those owners, preferably the one who
received the lower number of votes ... shall be deemed to have resigned
... "
The law hurriedly was amended into the bylaws after the Berachas announced
their intentions to run, and Lauren refused to step down when they won.
The case was decided in late June in favor of the Berachas, and it appears
to be precedent setting. It was the first time in Florida that a judge had
ruled that two or more owners of the same condo unit could serve on a
condo board, even when their association rules prohibit it.
But the matter isn't resolved. The judge has referred the matter to the
4th District Court of Appeal, because it will have such a big impact on
condo law. Lakewood has appealed the decision.
But at Kings Point, no one is waiting breathlessly to see if the Hermans
can keep their volunteer jobs, and it's unlikely there will be a
challenge.
"I think they are doing a fine job," former board Vice President
Harry Ogur said. "It's unfortunate we can't get more people."
He has no objections to two or more people from the same unit serving on
the board.
"Not at all, as long as they are competent," he said.
No matter the outcome of the court case, the Hermans have no intention of
stepping down, they said. They think a law banning them would be
superfluous, because residents have the right to recall their condo board
under Florida statutes.
"They talked about it, but no one objected," Dick said about
being a couple on a board. "Most of the people are quite satisfied
and are happy we decided to stay on."
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