According to Florida law, condominium board members have a fiduciary duty to act in the best interests of the association and its members. This means that they must act with care, loyalty, honesty and good faith. They must also comply with the association’s governing documents, such as the declaration, bylaws, etc.
If you, as a condominium owner, suspect that the board is breaching this fiduciary duty or violating the governing documents, you have several options to address the situation.
Communicate with the board
The first step is to try to resolve the issue amicably by contacting the board directly and expressing your concerns. You can also request access to the association’s records and inspect them for any evidence of wrongdoing or mismanagement. You may also attend board meetings and voice your opinions during the public comment period.
Mediate or arbitrate the dispute
If communication with the board fails, you may seek alternative dispute resolution methods, such as mediation or arbitration. These are voluntary processes where a neutral third party helps the parties reach a mutually acceptable solution.
However, they require the consent of both parties to participate and abide by the outcome.
File a complaint
Next, you can file a complaint with the Division of Florida Condominiums, Timeshares, and Mobile Homes. This is a state agency that regulates condominiums and enforces compliance with the Florida Condominium Act.
You can file a complaint online or by mail if you believe that the board has violated any provision of the act or any rule adopted by the division. The division will investigate your complaint and may take administrative action against the board, such as issuing a notice of noncompliance, imposing a fine or ordering corrective action.
Sue the board in court
This is the last resort option if all other methods fail or are not available. You can file a lawsuit against the board for breach of fiduciary duty, breach of contract, negligence, fraud or any other legal claim that applies to your situation. You will need to prove that the board acted wrongfully or unlawfully and that you suffered damages as a result. You may also seek injunctive relief, which is a court order that requires the board to stop doing something or to do something.
As a condominium owner you have rights and remedies if your condo board is acting dangerously. However, you also have responsibilities and obligations to follow the rules and regulations of your association and to pay your assessments on time.
By doing so, you can help maintain a safe and harmonious living environment for yourself and your neighbors.
