I have always said that often times I learn from my audience at
our Board Certification seminars just as much as they hopefully
learn from me. This week in Miami was no exception. Like always,
I was bombarded by complaints and stories. One stuck out……
In a community in Miami-Dade County, a couple of unit owners
started a “social club.” The club has several members and
collects dues and/or various payments from its members. With
these monies, the social club engages in various events at the
condominium, including use of the common elements.
Instead of leaving well enough alone, the Board was apparently
jealous that the members of this voluntary group were actually
enjoying themselves, enjoying the condominium and accumulating a
small nest egg for future fun events. It got to be too much for
the Board who apparently passed a resolution that said the
social club will now be taken over by the Board of Directors of
the association, money and all. Needless to say, I couldn’t
figure out why in the world the Board thinks it was able to
commandeer the social club. Believe it or not, I learned that
this is not the first time something like this has happened.
In Jules F. St. Denis, v. Oasis Village of Okeechobee Owners
Association, Inc., Case No. 02-5253 (2002) the association
through its board had attempted to assume control and dominance
over an informal social group formed by certain of the owners. A
social group was formed. The group was not incorporated and had
no controlling documents. It was composed of owners and other
residents including tenants. The Club did not spend common
expense monies, but instead spent voluntary contributions
donated by its members. The Club was not a committee of the
association, but was created as an organization independent of
the board of the condominium association.
The arbitrator held that: Notwithstanding the lack of formal
organization, the owners certainly have the right to join
together in informal association, and have the right to have
their activities exist independent from the condominium
association that has no right to control the inner workings of
the Club or its funds. The members of the Club have the right to
utilize the common elements for the purposes intended, and may
assemble on the common elements as club members for club
functions. They may conduct closed door membership meetings so
long as they have properly reserved the meeting facilities, and
they have the right to operate without the interfering gaze or
hands of the association.
Continuing, the arbitrator declared that: the
association shall refrain from further violations of s.
718.112(2)(d), F.S., and further shall not interfere with the
associational rights of its members who are also members of the
Club. The association shall not interfere with the meetings of
the Club and shall make its facilities available to the Club
upon reasonable request. The association shall not procure or
appropriate the funds of the Club. So……..feel like starting a
new club today in your community association?
