Q: Our 40-unit condo was built in 1989. As with most of condos its age, the builder established the declaration of condominium and other legal documents, including a restriction on parking trucks in the parking area.
My husband and I retired and became seasonal residents in 2008. We have a truck, which was parked in the back of the parking lot, behind a large plant, for the last six seasons. Many people didn't even know a truck was there.
After a complaint last year, the board consulted a lawyer who said that to enforce the "truck bylaw," all residents must be notified that "henceforth" all restrictions would be enforced. The board sent out a letter and decided not to pursue a full discussion or vote about the relevance of the truck bylaw as it applies to owners in today's world. That meant we had to find other accommodation for the truck; very difficult in this area.
I researched the situation and attained 12 signatures (30 percent of the owners, as stipulated in our declaration) to require the board to hold a "special meeting" to discuss the issue with other owners, many of whom have no problem changing the rule or would like it changed.
The document was submitted to the management company advising the board. At the December board meeting, the item was raised and added to the agenda of the next board meeting in January.
I am at a loss as to the next step in the process. I thought a special members meeting was to be held, not just added to the agenda for the next board meeting.
My questions: Can we compel the board to hold a vote of the owners on this issue? What is the definition of a truck in the era of SUVs? What else should we be doing? Where do we go from here?
– Name withheld by request
A: Thank you for writing. And I really mean thank you, because I enjoyed your questions. Different people get their jollies different ways, and one of mine is when people reach out to me via this column. Except, of course, for the people who try to tell me how to write it.
Your questions raise a plethora of legal and equitable issues. Let me clarify those issues as I see them.
You were somehow able to "Inspector Clouseau" a truck behind a plant for six years until someone NARC'ed on you. The board got what sounds like a reasonable legal opinion, consistent with Florida case law, that it could again enforce the "truck bylaw." But can it be enforced against you? That is one question.
The next question is whether your petition to compel a special meeting was sufficient.
My math is very bad, but if you only had 12 signatures out of 40 owners, that was not enough, even under the provisions of the condominium documents as you described them. It sounds to me as if the board considered your petition as one under Section 718.112(2)(c)1., Florida Statutes, which requires a board to address a certain item of business at its next board meeting if 20 percent of the voting interests so petition.
The last question I have space for here is the definition of "truck." I do not know what your community's documents say, so I can't say.
You may have valid claims and defenses. I simply don't know.
My question to you: How much do you want that truck?
Tamela Eady is a Florida Bar board-certified real estate attorney with 25 years' experience. She concentrates her practice on community associations and real estate. The subjects discussed in her columns are not intended as specific legal advice to anyone and are subject to principles that may change. Questions may be modified for clarity or for brevity. Email questions for possible inclusion in a future column to tke@eadylaw.com.
