Annual fee increase not likely to change
Q: Our documents say that our association must operate as a community for older persons. It refers to the Civil Rights Act of 1968 and FS 760.29. My question involves the increase each year for our monthly rental fees. Each year we receive a 3 percent increase in the fees. I would like to know if there is a cap in some year where this increase will stop.
A: From your question it appears that you live in a mobile home community and you pay a lot rent each month. I further suggest that you fall under FS 723. Along with your documents, you need to understand FS 723 about your lot rent and operations.
As to a cap, 3 percent is modest and I doubt if you will ever see a cap or your fees reduced. The main reason is the cost of living and inflation continues to rise.
As to the other situation of an Adult Community, the Federal and State act you refer to limits discrimination. Age is one of those discriminations. The Housing for Older Persons Act of 1995 (called the adult community or 55-plus) allows an exemption from the Civil Rights Act of 1968. This exemption allows the park manager to discriminate for age. He cannot permit young families to live in the community. It really has nothing to do with your rents.
Board should check workers' complaints
Q: I have been an employee of a condominium for several years. A couple of years past, the board engaged a new manager.
The new manager proved to be verbally abusive to the staff as well as me. He uses a pointer to emphasize his directions and sometimes pounds it on his desk. He has thrown a stapler at an employee, fortunately missing him. In another situation, he threw a cup of coffee damaging the office wall.
In notifying the president, nothing was done. Should not the board have oversight of the actions? If one cannot go to the board what action can they take?
A: It appears that talking to the president did not help. Talk to the other employees and find if they have the same problems. Take that information and compose a letter with the facts and send it to all the directors. Make the board aware of your concerns.
Explain that if the manager causes injury by his outbursts, that could result in a lawsuit. Also explain that his aggressive actions can cause mental injury as well as physical injury resulting in a grievance being filed.
I present this question to help managers understand that they need to respect employees under their charge and to warn the board that they have the responsibility to direct and control management. It is necessary for the board to address his attitude toward the employees. His actions could result in a serious lawsuit if the manager injures an employee.
The board and manager need to understand that there are set policies to control, direct, and supervise employees that do not comply with their job duties.