Board cannot vote by secret ballot on issue of special assessment

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Board cannot vote by secret ballot on issue of special assessment

Sun-Sentinel.com - Fort Lauderdale,FL

http://www.sun-sentinel.com/sfl-markbogen_050408,0,4008901.story

Q: We have a unit owner who does not live at our association. The

owner has not visited the unit in over one year. Approximately six

months ago, our pest control company went into the unit to do its

annual pest spray and told us that the unit was filled with mold. We

have written to the owner four times and have not received a

response. The board members are concerned that the mold in the unit

can spread to the common elements and to the other units. Does the

board have the right to take action against this unit owner since

the mold can cause harm to the residents of the association?

A: The board of directors has a legal obligation to take the

necessary action to protect the common elements and units at the

association. If the board is aware of a significant mold problem

that is not being addressed, it needs to take action. Since I do not

know all of the facts of the situation, I would suggest that you

speak to your association counsel immediately.