POINT DE VUE LEGAL
Mark Bogen,
Posted May 28 2006
Q. I was elected to the board of our condominium association and recently appointed as president.
After I was appointed, the owner of the landscape company wanted to meet with me privately. He told me he wanted to show his appreciation for having his company work at our association and offered me a referral fee.
He told me he paid the former president this fee and wanted to "take care of me."
While I did not say yes or no, I believe that such an offer is illegal.
Can you tell me the law on this issue, and whether we have any recourse against the former president who took the money from this company?
A. Florida law specifically states that a member of the board, or officer of the association, may not accept anything of value from any person providing goods or services to the association.
Furthermore, if a director or officer accepts anything, he or she is subject to a civil penalty and other sanctions.
If you believe your former president was accepting money from an association vendor, you should first consult with your association attorney to make sure you have sufficient evidence to make an allegation. You do not want to defame someone without proper evidence.
After I was appointed, the owner of the landscape company wanted to meet with me privately. He told me he wanted to show his appreciation for having his company work at our association and offered me a referral fee.
He told me he paid the former president this fee and wanted to "take care of me."
While I did not say yes or no, I believe that such an offer is illegal.
Can you tell me the law on this issue, and whether we have any recourse against the former president who took the money from this company?
A. Florida law specifically states that a member of the board, or officer of the association, may not accept anything of value from any person providing goods or services to the association.
Furthermore, if a director or officer accepts anything, he or she is subject to a civil penalty and other sanctions.
If you believe your former president was accepting money from an association vendor, you should first consult with your association attorney to make sure you have sufficient evidence to make an allegation. You do not want to defame someone without proper evidence.
1 commentaire:
Tout administrateur pris en flagrant délit en recevant des rétributions doit être rapporté aux autorités et action doit s'en suivre. Ne laissons pas de doute planer.
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