Wednesday, April 01, 2009

It's time again to answer your condo questions -- South Florida Sun-Sentinel.com

It's time again to answer your condo questions -- South Florida Sun-Sentinel.com: "Q: A new state law requires candidates for a condo board to submit a signed form stating they have read and understand state laws and governing documents. What are the consequences if this form is not submitted?

A: The Condominium Act, §718.112(2)(d), Fla. Stat. (2008), does not state consequences; however, from the statute's context it would appear that a candidate who fails to provide a form will not have his or her name printed on a ballot."

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Generally the point of a form that requires people to say they have read and understood something is to prevent them from claiming later that they didn't read or understand it, and shouldn't be accountable for violating its terms.

Now, in this case perhaps it is a substitute for training condo residents and board members. The candidates are required to say "I read and understood all that stuff" and presto, no need for the state to do anything more. The problem of ignorance has been eradicated. Our job here is finished.

What do you Florida folks have to say? Am I right or am I wrong?

And what is with those butterfly ballots, anyway?

5 comments:

Jan said...

Actually, too many board members, who got caught violating the statutes, used as excuse: "I didn't know these statutes existed!"
There is a bill pending in the Florida legislature clarifying the issue -- and the penalty.

Lots of education available -- and more to come!

Beth said...

In my Florida hoa, after we had been (illegally) fined for breaking a (nonexistent) mailbox regulation, several board members told us they didn't even know the CCRs existed. "Where did you get those? I've never seen those!" one guy angrily demanded. They sincerely thought they could just make it up as they went along, and the licensed property manager didn't disabuse them of that notion, either.

Fred Pilot said...

You didn't happen to douse your mailbox with orange juice it kick it akilter like Fox Mulder did in the X-Files "Arcadia" episode, did you? :)

Evan McKenzie said...

Beth, you really must stop this antisocial behavior.

Beth said...

lol. Fred, I love that X-Files episode. Evan, don't get me started . . . as far as some of my neighbors are concerned, our house is responsible for real estate bubble bursting. (They don't like our paint color, either.)