Board FAQ

 

Board Member Questions & Answers

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Q1. The board can't locate copies of our governing documents. Where can we find them?

This happens more often than boards expect, especially after a change in management or a long gap between board turnovers. Here's where to look:

  1. Step 1: Search the county's official records. The declaration of condominium and all amendments must be recorded in the official records of the county where the property is located (Florida Statute §718.104). Broward County has a free online "Official Records Search" at broward.org/RecordsTaxesTreasury. Search by the association's name or its legal description. Bylaws are usually recorded as an exhibit to the declaration, so they'll typically turn up in the same search. Order certified copies if you need an authoritative version.
  2. Step 2: Check Sunbiz.org (Florida Division of Corporations). Since condo associations are almost always Florida not-for-profit corporations, Sunbiz.org will have the Articles of Incorporation, Amendments, Registered Agent information, and Annual Reports, free to search.
  3. Step 3: Track down documents that typically aren't recorded, like Rules, Regulations, and some Board Resolutions.
    • Review old board meeting minutes for references to when rules were adopted or amended.
    • Contact the prior management company for their retained files.
    • Ask individual owners. They should have received a disclosure packet at purchase under Florida Statute §718.503.
  4. Step 4: If gaps remain, bring in an attorney. A Florida condo attorney can help formally reconstruct the governing documents and confirm which version is currently controlling, especially if there have been multiple amendments over the years.
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Q2. A resident appears to be experiencing mental or health decline. What should the board do?

This is a sensitive situation, and the board's role is to protect the community, not to intervene medically. Here's how to approach it:

  1. Step 1: Focus on behavior, not diagnosis. Only act on observable safety or rule violations. Do not try to diagnose conditions like dementia, hoarding disorder, or other mental illness.
  2. Step 2: Document specific incidents. Keep a dated log of behaviors (wandering, leaving the stove on, aggression, for example). Stick to facts only.
  3. Step 3: Act immediately if there's a danger. If the resident poses a risk to themselves or others, call 911. Emergency responders are trained to help.
  4. Step 4: Report to Adult Protective Services (APS) if there's concern about neglect, vulnerability, or self-harm. Contact APS at 1-800-962-2873 or reportabuse.dcf.state.fl.us.
  5. Step 5: Contact family or an emergency contact, if known. If the association has a listed emergency contact on file, you may notify them of safety-related incidents.
    • Focus on facts, not assumptions.
    • Do not share confidential records or discuss medical conditions.
    • Do not contact unlisted relatives unless there is an immediate safety concern and you've consulted legal counsel.
  6. Step 6: Consult association legal counsel before taking further action. Before taking steps like restricting access or suggesting removal, seek legal advice to avoid liability or discrimination claims.

What not to do:

  • Don't diagnose or discuss possible health conditions.
  • Don't contact doctors or outside parties unless legally authorized.
  • Don't treat the resident differently based on health concerns.
  • Don't attempt eviction or removal without proper legal process.

Legal notes:

  • Fair Housing Act: protects residents with disabilities from discrimination.
  • Florida Statute §415.1034: allows voluntary reporting of vulnerable adults.

Bottom line: your role is to protect the community, not to intervene medically. When in doubt, document facts, report danger, and call your attorney.

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Q3. What mental health and crisis resources are available if a resident needs help?

A few local and regional resources are available if a resident is in crisis or could benefit from support:

  • BSO Victim Advocate, Rosemary Baker: 954-321-4743. Assigned to our area and part of a national network of local crisis responders; she has been the most helpful and willing to come out to offer services at CVE. Her office also offers free weekly online group support and other services. A victim advocate helps with emotional trauma resulting from a crime and the physical welfare of victims and witnesses, providing crisis intervention, short-term counseling and referrals, criminal justice information, court support, and emergency assistance for shelter, food, and basic physical needs arising from being victimized.
  • Henderson Behavioral Health Services, emergency (anytime): 954-606-0911. Mobile Crisis Response Teams (MRT) are available 24/7 for people experiencing emotional crises. Response teams provide immediate on-site assessment, crisis intervention, counseling, referrals, and follow-ups to promote crisis resolution and evaluation, and can arrange inpatient hospitalization if needed. BSO automatically calls them after a crime to support victims and families.
  • Henderson Behavioral Health Services, non-emergency: 954-731-1000 (North Broward) or 954-791-4300 (Central Broward). Open Monday through Friday. Henderson charges a fee, but no one is denied services due to an inability to pay.
  • Chrysalis Mental Health Agency: 954-587-1008. Open Monday through Friday. Specializes in grief counseling, especially for family member deaths, and offers a wide range of services covering substance abuse, wellness recovery, and mental health disorders. Chrysalis is a fee-based service agency that accepts several commercial insurance plans and Medicaid.
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This information is general in nature and provided for board education. It is not legal advice. Please consult your association attorney regarding your specific situation.