ASK DR. JOYCE: Articles, Blog Posts and Q & A

Dr. Joyce Starr is author/publisher of the first self-defense guide for condo owners:  Defend Your Condo & Homeowner Rights! What You Must Do When Your Board Turns Your Life Upside Down.  She is also publisher of the Condo & HOA Defense Kit - the first survival kit on condo and homeowner rights.  

Submit your question(s) for possible inclusion in a future column, Click Here to submit your questions. Ask your condo or HOA to include include "Ask Dr. Joyce" in your homeowner newsletter.   

Ask Dr. Joyce Starr
About Pets in Condos & Frivolous Condo Pet Rules

By Dr. Joyce Starr | September, 2007

Our condo Board squandered over $25,000 in a lengthy legal battle against me, demanding that I remove my beloved pet. I was whistleblower over mold in the common areas. The Board action was a blatant attempt to silence my warnings.

After 18 months, the Board caved in, and I was declared the prevailing party! I then documented lessons learned during this grueling battle in Defend Your Condo & Homeowner Rights: What You Must Do When the Board Turns Your Life Upside Down!

A condo or HOA battle is emotionally and physically shattering. The owner is trapped in a choking fog, disconnected from reality, and can’t see a way out. One feels alone, helpless and exhausted.

Fear of being forced to part with a beloved pet is especially devastating. Few understand what you are going through.

A condo owner living in Atlanta contacted me recently with a pressing problem. His condo Board alleged that his 14-year-old female dog exceeded a 30-pound pet-weight rule and eventually imposed fines totaling more than $2000...

Read more on our new blog. CLICK HERE: Pets in Condos -- Frivolous Condo Pet Rules

Ask Dr. Joyce Starr
About Recalling a Phantom Board

By Dr. Joyce Starr | August, 2007

Q: Our Board consists of five people.  However, one man acts as treasurer and secretary, while the president and several other members are rarely present.  Our president attended the last two meetings by phone. What can we do to recall this phantom board?

A:  Your condo association documents should contain language dictating Board member attendance requirements at board meetings.  Attendance by telephone or conference call is normally permitted.  In some instances, if a Board member misses x number of meetings, he/she is automatically removed.  

The key point is that a quorum must be present in person or by telephone.  A failure to have a quorum renders the meeting invalid - although the Board's decisions could be ratified at a later meeting when a quorum is present.  A quorum typically requires one more member than half the Board - in this case, three out of the five must be present.

State laws, including administrative codes, typically control condo association recalls and usually take precedence over your condo documents.  

In Florida, association members can recall any or all Board members at a special meeting of the owners or in writing (by written agreement or by a separate ballot).   Recall of board members can be undertaken with or without stating cause.  

The procedures for recall at a meeting are set forth in rule 61B-23.0027 of the Florida Administrative Code.   Recall votes derived through a special meeting of the unit owners can be rejected by the board on numerous grounds, including: including a failure to obtain a sufficient number of unit owner signatures to convene the special meeting or to give proper public notice for the meeting.

Recall by petition rarely works because owners:  1) are fearful to allow the petitioners into their unit to discuss the petition; 2) are afraid to add their name to a list; 3) are worried that you will misuse their information.

Recall procedures by written ballot are set forth in rule 61B-23.0028 of the Florida Administrative Code.  Florida's Department of Business and Professional Regulations (DBPR) provides specific procedures and forms for conducting a legal recall petition.  As noted on the DBPR website, "Recalls by written ballot are successful much more often because the procedures are easier."

The recall process by ballot is challenging, can take months of hard work and a willingness to buck social pressures.  Contact information must be obtained for all owners from the association.  To overcome inertia and to establish credibility, the reasoning behind the recall should be explained to each owner through a carefully crafted letter delivered by mail.  Do not put the letter under their door; they may disregard it.  Strong and well-stated arguments are crucial for an effective recall action.    
The recall could require a super-majority of the owners, typically two-thirds, rather than a simple majority.  State law and/or your documents dictate how many eligible voters must vote to recall each target or sign a ballot or written agreement to do so.  

In Florida, the Board has a limited number of days to accept or reject a recall action that is conducted under DBPR procedures.  It can, however, stall on various grounds or violate the rules by ignoring the recall.  If the Board calls upon the association attorney to review and/or reject the recall action, owners will be forced to pay for his time and services.   Then the DBPR has to review the process.  That can take months and might lead to a rejection of the recall on various grounds.

© Copyright by Dr. Joyce Starr 2007