FCAP Community—February 2022

FCAP Community

Published February 2022

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Betsy Barbieux

Because You Asked
By Betsy Barbieux, CAM, CFCAM, CMCA

     My board member stated he saw a statute that permits board members to use email as a form of communication—not to vote, but to communicate. Can you send me that statute? 
– Jackie

     Yes, board members are able to communicate by email (or telephone, text, or in person with less than a quorum) but not vote. The statute number is §718.112(2)(c).
– Betsy

     I can’t find guidance in the statutes on adding a component to the reserve schedule. Do you know if there is a statute/rule that addresses it? Or do you know who/how it is added to the reserve schedule? Board vote? Or does the membership have to vote to add a reserve component?
– Dave

     Anastasia Kolodzik from Expert Inspectors, who is a reserve study specialist, provided some insight to your question.

     “A very hot question! This is usually governed by the documents. All associations have different procedures, and the statute really does not address it. I advise my clients to look in their documents, and if they are silent, refer to board procedures (i.e., consult their manager or attorney). More often than not, the board just makes the decision. I will tell you that regardless of funding status, EVERYTHING the association is responsible for should be on the report/ component schedule. This provides transparency and protects everyone. I hope this helped.”
– Betsy

     Where can I find an HOA board member quorum count calculator, or can you tell me what a quorum of nine board members would be? I appreciate it. 
– Erica

     A quorum is a majority of the board. In your case, five members.
– Betsy

     I had a records request from an owner, and we have the records available for review. It is now going on three weeks, and the owner has not responded to emails or phone messages that the records are ready. 
     Now for my question: how long are we to hold on to the records before putting them back/trashing them. Is there a time limit imposed on the owner for reviewing? 
– Peyton

     My understanding is that you set an appointment date/place/time within 10 business days of the request for the owner to appear to inspect the records and notify the owner of that appointment. My understanding is that if the owner does not show, then your obligation is ended. Just make a note in the file that the owner was a no-show.
– Betsy

     I have a budget question. We manage a townhome community that was just turned over to the membership. Before turnover, the developer’s board created and voted on the 2022 budget. My question is, can a budget be amended by the new board of directors? If so, is this a majority of the voting interest of the community? 
– Paula

     A budget can be amended, but who votes on the amended budget is driven by the documents. Did the documents give the board of directors the sole authority, or does it require a membership vote for the annual budget?
     If it is the board, that is easy to do at a board meeting with a majority vote and a 14-day written notice to the owners and a copy of the proposed budget with the reserve schedule attached. Don’t forget to do your affidavit of mailing. If your documents require a membership vote, it is likely a majority of those present at the meeting in person or by proxy.
– Betsy

     According to our declaration, the annual meeting is set for the second Tuesday in January, which is January 11, 2022. The management company was late by 20 days in sending out the first notice, etc.
     The board wants to go ahead with that January date. The mailout was sent on December 3, with some owners still not receiving the packet which requested a response date of December 15. This drastically reduces the turnaround time for candidates. Can the annual meeting be pushed back in light of this snafu?
– Rich

     If the annual meeting and election was on January 11, 2022, the schedule should have been as follows: November 12—send first notice of election; December 2—deadline for submitting notice of intent; December 7—deadline for candidate information sheet; January 28—send second notice of election and ballots/envelopes (must be sent not less than 14 days or more than 34 days from the annual meeting); January 28—send annual meeting notice and agenda package (must be sent at least 14 days from annual meeting). It looks like the timeline has been totally missed.
    It would seem better to me to give candidates the benefit of the full 20 days to submit their names and reschedule the meeting so the proper timelines can be followed. Personally, I’d rather err on the side of giving proper time to the candidates to submit names versus having the meeting on the wrong date. However, check with your attorney or the Division.
– Betsy

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