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The firm has fielded telephone calls from associations who are unable to locate present members of the Board of Directors as a result of their need to relocate, after Wilma. Florida law contemplates this dilemma and provides:
§718.117:
4) If, after a natural disaster, the identity of the directors or their right to hold office is in doubt, or if they are dead or unable to act, or if they fail or refuse to act, or their whereabouts cannot be ascertained, any interested person may petition the circuit court to determine the identity of the directors, or, if determined to be in the best interest of the unit owners, to appoint a receiver to wind up the affairs of the association after hearing upon such notice to such persons as the court may direct. The receiver shall be vested with those powers as are given to the board of directors pursuant to the declaration and bylaws and subsection (2) and such others which may be necessary to wind up the affairs of the association and set forth in the order of appointment. The appointment of the receiver shall be subject to such bonding requirements as the court may direct in the order of appointment. The order shall also provide for the payment of a reasonable fee for the services of the receiver from the sources identified in the order, which may include rents, profits, incomes, maintenance fees, or special assessments collected from the condominium property.
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Recent Updates
August 09, 2006
Water Meters
March 22, 2006
By: Eric M. Glazer, Esquire
November 02, 2005
Finding Directors
November 01, 2005
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