Mike from Hallandale asks: my board had staggered terms but we had to change the terms to yearly when the statute changed. Now that the stautute changed again how to do we reinstitute the old staggered terms. HELP ME RHONDA!
The first place any board member should look is in your association documents. Depending on what they say will alter the answer but the statutes in Florida do not allow more than two years staggered terms. Generically speaking, the best way to reinstate the old staggered terms is to have everyone run in the next election and have the members run in accordance with the provisions of the association documents in terms of how they set forth the manner in which the staggered terms would be determined. There is an avenue of relief! GOOD LUCK.
Paula from Tamarac asks:
“I have an empty unit where the unit owner is in a nursing home and she has a reverse mortgage. She stopped paying the maintenance. Bank doesn’t want to talk to me. HELP ME RHONDA!”
In general, the simplest and cheapest solution is to file a Petition for Receivership. If the unit is clean and can be easily rented, then access to the unit to reap the benefits without taking title is the best way to go. Just on Friday, the Florida Supreme Court entered their ruling on the issue of receiverships in Association matters. They resolved a conflict between the Third DCA (Miami) and the Second DCA ( ) . Although most judges have already assisted Association in recouping their losses with much less exposure, some judges still needed case law to take the action.
Kerry from Miramar asks:
I have an abandoned unit that is not only vacant but infested with mold. I have semi-detached homes and the mold is going to spread. The Bank is taking forever to foreclose and I cannot afford to make any repairs to stop the damage. HELP ME RHONDA!
When an Association encounters this situation you have two options. The First is to find a receivership company that will do the repairs at no cost to you and negotiate the deal so the Association can benefit OR you seek relief in the Bank foreclosure. In your appearance you force the bank to take action or any action you take is reimbursed by the next person who takes title. Of course, each case varies but that is the simple approach.
There is an avenue of relief. GOOD LUCK
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