The Association attorney, Ed Ronsman, confirms that Rhonda in June 2024 acted illegally in an attempt to become Mirabella president. For six months she claimed to be president, but, in fact, never held that office during the 2024 term.
Why is this important? Because, on several key issues better decisions would have been made. For example, see Building 18’s Lost Enhanced Roof Warranty at this link and the irregular handyman hiring at this link.
Attorney Ronsman relies on a careful reading of Florida Statutes, Section 718.112 Bylaws, which follow. Mr Ronsman’s opinion is downloadable here.
The relevant Section 718.112(2) begins by superseding specific Association bylaws: “The bylaws shall provide for the following and, if they do not do so, shall be deemed to include the following.”
The following statutory text indicates that she and Ryan violated Florida Statutes in two fraudulent ways.
1. Unlawful Action. Her self-appointment on June 28, 2024 was invalid and a State law violation, not a mere bylaw infraction. Section 718.112(2)(c)1 provides that “Adequate notice of all board meetings . . . must specifically identify all agenda items . . . ” “An item not included on the [meeting] notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members.”
For Mirabella a majority of its three board members is two Directors; “plus one” makes three Directors. But, only two Directors were present at the June 28 meeting. Mr Wemhoff was on leave, attending to a family matter. So, her appointment as president “was not properly accomplished,” as attorney Ronsman states, adding: “actions taken to remove the board president (Mr Wemhoff) and appoint a replacement (Ms Stiff) during the June 28th [2024] board meeting were likely improper and would be held invalid by law.”
2. Mandatory Ratification Violated. Section 718.112(2)(c)1 further provides: “Such emergency action must be noticed and ratified at the next regular board meeting.”
The “emergency action” was not valid, and its mandatory ratification never took place. The agendas for all subsequent Board meetings are downloadable here. Neither Special meetings nor Regular meetings contain the mandatory ratification as an agenda item or as any other Board action.
In summary, according to the agendas (1) the flawed succession to president never received the necessary 3 votes, and (2) the unlawful use of the emergency procedures was never ratified.
Incidentally, paragraph 718.112(2)(c)1, which governs all emergency agenda procedures, is not a part of the “voting interests petition” mentioned in that paragraph. On the contrary, this one paragraph, 718.112(2)(c)1, contains multiple unconnected topics, including “special assessment” and “amendment of rules.”
Emergency action is only one of several independent paragraph topics.
Rhonda’s experimental run as president has been revealing. Striving for power and self-importance is misplaced in this volunteer role. A true leader utilizes, not banishes, the highly advantageous technical expertise of other Directors.
The leader leads by example and encourages all other Directors to work energetically to serve Mirabella’s Members.
Florida Statutes 718.112 Bylaws
718.112 Bylaws.—
(1) GENERALLY.—
(2) REQUIRED PROVISIONS.—The bylaws shall provide for the following and, if they do not do so, shall be deemed to include the following:
(a) Administration.—
(b) Quorum; voting requirements; proxies.—
(c) Board of administration meetings.—
(c) Board of administration meetings.—
In a residential condominium association of more than 10 units, the board of administration shall meet at least once each quarter. At least four times each year, the meeting agenda must include an opportunity for members to ask questions of the board. Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items and the right to ask questions relating to reports on the status of construction or repair projects, the status of revenues and expenditures during the current fiscal year, and other issues affecting the condominium. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.
1. Adequate notice of all board meetings, which must specifically identify all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency. If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose. An item not included on the notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members. Such emergency action must be noticed and ratified at the next regular board meeting. Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. Evidence of compliance with this 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association.
2. Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location on the condominium property at which all notices of board meetings must be posted. If there is no condominium property at which notices can be posted, notices shall be mailed, delivered, or electronically transmitted to each unit owner at least 14 days before the meeting. In lieu of or in addition to the physical posting of the notice on the condominium property, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the condominium association. However, if broadcast notice is used in lieu of a notice physically posted on condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section. If broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property. Any rule adopted shall, in addition to other matters, include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members, which must include a hyperlink to the website at which the notice is posted, to unit owners whose e-mail addresses are included in the association’s official records.
3. Notice of any meeting in which regular or special assessments against unit owners are to be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments. If an agenda item relates to the approval of a contract for goods or services, a copy of the contract must be provided with the notice and be made available for inspection and copying upon a written request from a unit owner or made available on the association’s website or through an application that can be downloaded on a mobile device.
4. Meetings of a committee to take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this paragraph. Meetings of a committee that does not take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this section, unless those meetings are exempted from this section by the bylaws of the association.
5. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the unit owners does not apply to:
a. Meetings between the board or a committee and the association’s attorney, with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or
b. Board meetings held for the purpose of discussing personnel matters.