The directors of Florida community association are obligated to discharge their responsibilities to the community in good faith. Board decisions are generally protected by the “business judgment rule” and the theory behind the business judgment rule is that Courts should not substitute their judgment for the judgment of the elected or appointed board members.
Board members come together from vastly different backgrounds to focus on the common goal of serving their community. Some are inclined to research the smallest decision while others make decisions based on experience. This diversity helps bring different perspectives to the table for better decision-making. Regardless of their approach, Board members should share some core […]
It seems that every co-op and condo building has at least one: the bad apple, the shareholder or unit-owner who turns life sour for everyone else. Co-op boards have a powerful weapon in the battle against problem shareholders – eviction for objectionable conduct – but before going nuclear, boards should take three simple steps: study […]
Many HOA Board members don’t fully understand the legal obligations that come with serving their community. You rarely see one document that completely lists all responsibilities. State law may determine some. Governing documents outline others. And other regulations can further complicate the question. It’s little wonder that a lot of confusion surrounds legal obligations. Here’s […]
A good number of Board members understand that being a leader within their homeowners association can be a very rewarding yet sometimes thankless job. If they have been on the Board for any length of time, they also know that change is inevitable. Read the article………..
In Florida, the “officers and directors of the association have a fiduciary relationship to the unit owners.” F.S. §718.111(1)(a) In its most basic form, a fiduciary duty is an obligation to put the interest of someone else above the self-interest of the fiduciary. In the condominium director context, the director is the fiduciary and breaching […]
Successful homeowner associations need a strong Board of Directors. Members understand their role and responsibilities. They have a roadmap. They work individually and as a team to manage association business as set forth in the governing documents. Does your HOA Board’s structure accelerate or hamper your progress? Read the article………….
In town and city government, elected officials and committee volunteers are duty-bound and legally required to maintain open meetings and treat every line item of taxpayer funds as public information. Condominium communities, and the way they’re operated, are often compared to municipal governments, but there’s nothing “public” about them, really. Read the article……….
Infighting: The thought of it in a condo community makes everyone cringe, from residents to board of trustee members to property managers. It also puts those involved in an awkward position. Although it isn’t a common occurrence, thankfully, conflict can happen even within associations that have been typically harmonious. Sometimes problems arise within the board […]
One of the greatest challenges that Management is helping the Condo Association Board make decisions and take action. While Management has latitude in many issues, most major decisions rightfully belong with the Board. Read the article………