I live in a gated community. Security guards work 24 hours a day. Currently, some owners are trying to eliminate the guards. I remember many years ago, some inhabitants tried to do the same and couldn’t get it done. I don’t remember the specific reason they were rejected, but I think I had to get 100% of the owners to approve the dismissal of the guards. Can you clarify what is needed to remove them?
I can’t think of any obvious reason why the dismissal of your gatehouse guard requires 100% lot owner approval.
In accordance with HOA law, there are certain amendments to the declaration of the Covenant that require 100% approval. These include amendments that significantly change voting rights or increase the proportion or proportion of parcels that share common expenses. But generally speaking, changing services does not require a membership vote. Now, your contract declaration may explicitly refer to security and gatehouses, and changing that obligation may require modification of the administrative documentation. In Florida, certain modifications to the community, such as the acquisition of a golf course or compulsory changes to any membership association, may constitute a fundamental change in development plans or schemes. There is also a series of cases that suggest. Changes are prohibited. However, this series of cases deals with developer changes before leaving the job in most cases, and in any case, I think the change from a protected community to an unprotected community will go up to that level. not. So, if you don’t know more about your documentation, and changes may require member approval, there’s no reason why 100% approval is required.
In our community, the Building Commission recommends pre-approval or disapproval of the application. After review, the board then votes for either final approval or disapproval of each of these applications.
Should I avoid voting for each application as a committee member, as the board liaison to that committee will vote for final approval or disapproval (as a board member)? Can the board liaison to the building committee advise on additional vigilant conflicts to avoid?
If the spouse (not the liaison) of the second director serves as a member of the building committee, is there a conflict?
The way the building committee operates is mainly guided by your declaration or the wording of the articles of association. For example, it is not uncommon for a declaration to allow a board to act as its own architecture management committee. There is no legal reason to be independent of the board unless explicitly stated in the declaration. Committees often have directors who can or can vote on committee issues. Again, the limitations on this are outlined in the declaration.
Your building board sounds like an advisory board that makes recommendations to the board but does not act on behalf of the board. There is no reason why such a committee cannot include one or more directors. Also, there is no reason why the committee cannot include the spouse of a board member. However, there is a warning that all committee members must be “members” of the association, and non-owner spouses do not necessarily have to be members. — It is defined in your administrative document.
The status of board communication also depends on how the declaration or bylaws describe its role. The contact with the committee may not actually be a member of the committee, but may exist solely to inform the committee and convey the committee’s recommendations to the board. Alternatively, the liaison may be an ex officio member of a committee with full voting rights. If you have any questions about this, an association lawyer can ensure that your management documents are reviewed and give an opinion on who can serve as a member of the committee.
Backer Aboud Poliakoff & Foelster, a partner of LLP, Ryan Poliakoff is a board-certified specialist in condominium and planning and development law. This column is dedicated to the memory of Gary Polyakov, a pioneer and tireless supporter of the community association’s legal industry and author of treatises, books and hundreds of articles. Ryan Poliakoff and Gary Poliakoff are co-authors of New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.Email your question firstname.lastname@example.org.. Be sure to include your location.
Membership voting is not required to change services
Source link Membership voting is not required to change services