What a way to wake up on Christmas morning. Happy holidays to all.
Robert Orr, president of the Las Brisas Condominium Association in Florida was arrested for the third time for installing hidden surveillance cameras in owners homes. I can understand the first time, but three times. Here is the article. Mr. Orr ought to hire himself a criminal defense attorney, but the condo association should put their insurance carrier on notice in case the victims decide to point their fingers back at that board for not taking action to remove President Orr after the first, then second arrest. Three times is a charm and perhaps the owners will take action if the board isn’t willing to do so.
Condo governing documents typically include a provision indemnifying board members for acting within the scope of their authority as board members. This conduct by Orr should fall without that indemnification, but one might ask what was the rest of the board doing after it learned about the first and second arrest for invading owners’ privacy and installing surveillance cameras inside homes without authority. If an association officer is accused for bad conduct like this, boards should consider whether removing the officer from his or her position is a good idea during an official investigation and resolution of the matter. Boards can change officers simply with a board vote. Boards have a fiduciary duty to all of their owners. If an officer is accused of installing cameras inside people’s homes, removing the officer is one of the first things a board should consider. Boards typically can’t remove board members themselves and need an owners’ vote to do so depending on their bylaws. Noticing an owners meeting for the owners to make a decision on board member removal may also be a good idea. In the end, the board is above any one member and if an officer acts improperly, the board should look out for the best interest of the entire community.
