The Board Is Elected To Make Business Decisions For Its Members –

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Dear Polyakov,

Our small gate community is full of toxic bufo frogs. After several homeowners got together to study how to get rid of this problem from the community, a solution was found by a licensed moving company. The Chairman of the Board was asked to raise issues on the agenda of the Annual Meeting. He refused. During the quorum-formed meeting, members asked the board to address the issue, and the board refused to allow discussion and voting. Isn’t it an annual meeting for members? What can we do if the board refuses to address what homeowners feel is a threat to the enjoyment of their animals and property?

Signature, JP

Dear JP,

Bufo toads are usually a genus of toxic toads, but one of Florida’s most common toxic toads, the cane toad, is not really part of that genus. However, they are invasive and endemic and are especially dangerous for dogs (dogs licking and biting cane toads are a real emergency). I use a toad mover at home, but I don’t think I’ve ever had a visit that hasn’t collected some from my property. It also never allows dogs to unlace and go out at night.

But in the end, I think you’re approaching your goal from the wrong direction. The General Assembly aims to allow members to vote on issues within their decision-making authority, such as elections, approval of changes when required by governance documents, and approval of amendments. General business decisions are made by the board of directors. If the board does not represent the will of the majority of the community, the appropriate step is to bring it back. This can be done at the General Assembly or by a written petition.

Currently, some articles of incorporation include wording that allows a group of owners to petition the board to add items to the board agenda for discussion. This is something you can look up. However, it still does not require the board to sign a contract with a toad moving company.

Your board of directors is elected by membership to make business decisions for its members. This includes decisions about hiring vendors and maintaining assets (which in fact includes both). Therefore, either you or your neighbor must attend the board, listen to yourself on this issue, and persuade the board to change course. The board needs to be recalled. Or you and others need to hire this toad removal company on your own.

Frankly, you simply protect your own property by both scheduling regular visits to your home and, where appropriate, installing a barrier net on your fence. You may consider it. Even if the board hires a mover to patrol the common area, you’re not really going to solve the problem unless they collect toads from the parcel.

Dear Polyakov,

Recently, I applied to a property management company to install a shutter. When I called the property management company and asked for the right color, I was told that it must be off-white like everyone else. I deposited a deposit with a shutter company and waited for HOA’s approval for the shutter application. I waited for three weeks, and when I called today, it was said that it would be approved by the board of directors, but I wanted to whiten the shutters, so I plan to paint the building in the future, and I will paint the existing off-white shutters white. is needed. Then I called the shutter company and said that the off-white shutter had already been ordered, based on a previous conversation with the management company. I paid for the shutters, so everything was put on hold and ready for installation, but it’s off-white and I’m only approving white shutters from now on. A shutter company representative told me that painting the shutter would void all warranty on the shutter itself. Any advice on how I should proceed?

Signature, KP

Dear KP,

What you have explained is a legal principle called harmful trust. You have spent money relying on the association’s expression that you need to buy a shutter of a particular color, and the association is trying to change that expression. Now, this case is a bit complicated because the application wasn’t officially approved when I ordered the shutters. Therefore, it is not a slam dunk case. However, management statements have argued to you that you are certainly damaged and they have to accept your off-white shutters or pay you to order a new white shutter. Give However, the warranty issue is the same for all neighbors, and I think the board is confident that it will change course if it determines that the shutter warranty for all lot owners will be void.

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 Poliakoff, a community association legal pioneer, tireless supporter, 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 Be sure to include your location.

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