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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Maintenance & Repair

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Florida Condominium Residents Should Leave Contractors Alone

Posted in Common Areas, Construction, Construction Issues & Contractual Disputes, Maintenance & Repair

Question: I live in a condominium association and there has been discussion concerning who has the authority to direct the association’s contractors and vendors, including the landscapers. We feel that because we pay for these services, these individuals work for us, and we should be able to tell them what to do. The manager told… Continue Reading

Condominium Association Must Repair Air Conditioning Lightning Damage

Posted in Budgets, Reserves & Financial, Hurricane/Disaster Issues, Insurance, Maintenance & Repair

Question: Recently, the outdoor air conditioning unit servicing my condominium unit was struck by lightning. I turned the claim into my insurance policy. My insurance carrier denied the claim stating that it does not insure the air conditioning unit, and that the air conditioning unit is supposed to be insured by the condominium association under… Continue Reading

New Class in Sarasota, Florida: Condo Construction Projects Gone Wild!

Posted in Construction, Construction Issues & Contractual Disputes, Insurance, Maintenance & Repair

Presented By: Conrad Lazo and Steven H. Mezer Provider #0000811, Course #9626710, 2 HR CEU Credits This class is designed to educate community association managers and board members about the issues and pitfalls associated with community association renovations, maintenance and repairs to association property. We will address various issues including: Certificates of Insurance – Additional… Continue Reading

HOA Documents Determine Who is Obligated to Replace Landscaping

Posted in Maintenance & Repair, Reader Q&A

Question: I live in a homeowners’ association where the association maintains the landscaping on all of the individual lots. Recently, I had a number of plants, including hedges and palm trees die, and I do not know who is responsible to pay for their replacement. Because the association maintains the landscaping, is the association responsible… Continue Reading

Who Pays To Maintain Covered Parking Spaces Only Available To Some?

Posted in Common Areas, Maintenance & Repair, Reader Q&A

Question: Certain units in my condominium have assigned covered parking and the right to use the covered parking space goes with the unit. Recently, the board advised the owners with covered parking spaces that the cost of maintaining the parking structure was going to be charged to just those unit owners. Is this permissible? M.M…. Continue Reading

Are Skylights A Window or Part of the Roof?

Posted in Maintenance & Repair, Operations, Reader Q&A

Question: I live in condominium consisting of 46 free-standing single family homes; 22 of them were built with skylights. During the rainy season, my roof developed a leak originating from the skylight. When I reported the leak, the association said that repairing the skylight was my responsibility. The declaration does not list skylights as a… Continue Reading

Document Amendments Can Shift Maintenance Responsibility in Community Associations

Posted in Maintenance & Repair, Reader Q&A

Question: I live in a community composed of townhouse villas with shared party walls and roofs. Our governing documents state that the owner is responsible for exterior maintenance, repair, replacement and insurance. The Association is considering amending the declaration to shift responsibility for all exterior maintenance, repair and replacement of the villas (or at least… Continue Reading

Think twice before installing security cameras in condominiums

Posted in Common Areas, Maintenance & Repair, Material Alteration, Safety and security

Does your condominium building have security cameras that were installed by the developer?  Have there been violations of the association’s security protocol, such as unauthorized use of key fobs and contractor access to the building without registering with the front desk?  If the answer to both questions is “yes”, would you think that installing a… Continue Reading

Who Replaces Floor Tile After Condo Association Pipe Repair Project?

Posted in Maintenance & Repair, Operations, Reader Q&A

Question: Our condominium buildings were built over 30 years ago with cast iron pipes. These pipes are cracking and collapsing under the bathroom concrete floors of the first floor units. The association is in the process of replacing the pipes, which requires the association to first remove the flooring and break up the concrete floor… Continue Reading

40 Year Recertification / Some Additional Thoughts

Posted in Fiduciary Duty of Board of Directors, Maintenance & Repair

We have already explained the Building Safety Inspection Program adopted by Broward and Miami-Dade Counties.   Building owners (operators or managers) must have the structure and electrical systems evaluated professionally by an engineer or architect.  The inspection is to identify any structural or electrical deficiencies that pose an immediate threat to life safety or where failure… Continue Reading

Changes to Condominium Property are Highly Scrutinized

Posted in Arbitration & Court Rulings, Maintenance & Repair

The Board of Directors has the responsibility and authority to maintain the common elements of a condominium. On the other hand, Section 718.113(2)(a), Florida Statutes, requires 75% of the entire membership to approve a material alteration or substantial addition to the common elements, unless the declaration provides for an alternative approval method. The determination of… Continue Reading

Picking up the PACE of energy efficiency improvements.

Posted in Maintenance & Repair

The Broward County Commission has approved a new way for home (and business) owners to fund energy saving retrofits. The County adopted the Property Assessed Clean Energy (PACE) program, which has been approved and utilized in many communities across the country. PACE programs allow property owners to pay for the cost of energy improvements and… Continue Reading

Can Just The People Who Use Them Be Charged For Elevators?

Posted in Maintenance & Repair, Reader Q&A

Question: Our condominium has two-story buildings, with private elevators for the second floor units. We are having a meeting to vote on designating these elevators as limited common elements, and making the cost responsibility for maintenance the responsibility of the second-floor owners only. Should all of the owners be able to vote, or only the… Continue Reading

Energy Solutions for Florida Homeowners

Posted in Maintenance & Repair

If you are a residential or commercial FPL (Florida Power & Light) customer, and you want to install solar power systems at your home for power generation or water heating, then you can apply to FPL for a solar rebate starting at 8:30 am on October 16, 2012.  Residents and businesses can apply for the rebates…. Continue Reading