SELECTIVE ENFORCEMENT ISSUES FACE CONQUISTADOR BOARD PRESIDENT

WRITTEN BY: CHRISTOPHER MIMS
Managing Editor
March 17, 2009

The Condo Communicator has been informed that a presuit mediation demand has been filed against the President of the Conquistador Condominium Board of Directors. The complaint alleges a Breach of Restrictive Covenants and Interference with an Election Campaign.

Apparently, 2 candidates for the Conquistador Board have been prohibited from campaigning door to door in the condo community and distributing information regarding their candidacies. Recent information distributed on behalf of these candidates has been removed and destroyed by maintenance staff at the request of the current President, also seeking a Board seat.

The candidates were notified by the Association Manager that their distributed materials were in violation of a Bylaw prohibiting the distribution of materials on a common element. Unfortunately, the action resulted in a selective enforcement complaint filed against the President as well as allegations that Association Management has not followed the proper protocol for notification and removal of materials, pursuant to the Bylaws.

What we have learned is that many materials are and have been distributed within the community in the same manner as conducted by the candidates. In an effort to save postage, management and staff often distribute Association notices door to door. Under Florida law, homeowners are entitled to the same rights as a member of an association governing board.

Because the materials were campaign materials, and their right to campaign has been denied, the 2 candidates allege that their campaign has been interfered with. We will keep you informed as this develops. Apparently, the Board President has 10 days to respond to the complaint.

Chris