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

Tag Archives: common elements

Can My Condominium Association Remove Palm Trees?

Posted in Association Documents, Common Areas, Governing Documents, Landscaping, Material Alteration

Question: Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings. They claim their roots threaten the sidewalk pavers, but there are low cost solutions to address that concern.  The board also raises a concern regarding the palm fronds touching the roofs, but that is… Continue Reading

Change in Association Common Elements Doesn’t Change Deed

Posted in Reader Q&A

Question: When a Florida private beach that is part of the condominium common elements is restored, an Erosion Control Line is established at the location of the pre-restoration Mean High Water Line. However, there is no requirement for a condominium association to amend its declaration to have a new survey prepared that delineates the line…. Continue Reading

Leaky Pipe In Air Conditioning Unit May Or May Not Be A Common Element In All Association Documents

Posted in Reader Q&A

Question:  There is a leak in the copper tubing that brings freon from my air conditioner compressor (which is located outside of my condominium building) to the air handler (which is located inside of my condominium apartment).  Is the repair of this pipe the responsibility of the unit owner or the association?  L.S. (via e-mail)… Continue Reading

Tenants Don’t Have Same Rights As Owners

Posted in Reader Q&A

Question: It is my understanding that Florida law allows renters in a condominium to use the same amenity as owners. Is the right to have a dog considered an amenity? F.F. (via e-mail)  Answer: Section 718.106(4) of the Florida Condominium Act provides: “When a unit is leased, a tenant shall have all use rights in… Continue Reading

Dual Usage of Common Elements Addressed in Condominium Statute

Posted in Reader Q&A

Dual usage is addressed in Section 718.106(4) of the Florida Condominium Act, which provides that when there is a tenant in a unit, the tenant has all of the use rights in the association property and the common elements that are otherwise “readily available for use generally” by unit owners, and that the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant.

Association Can’t Deny Access to Unit Owner

Posted in Reader Q&A

Effective July 1, 2010, condo and homeowners’ associations may deny a unit owner who is delinquent for more than 90 days the right to use the common elements, common facilities or other association property, until the monetary obligation is paid.

Incidental Damages, Who Pays?

Posted in Operations

Certainly, if the association is negligent in performing its maintenance and such negligence causes damage to the owner’s unit or personal property, the association is liable for the damage. But, what about situations where the association must cut into unit ceilings, floors or walls to repair common element pipes? The resulting damage is not the result of negligence in these instances. But is it fair for the unit owners to pay for the repairs when they had nothing to do with causing the damage?

Going Digital

Posted in Operations

Recently, Congress enacted legislation that requires all over the air broadcast television signals to be transmitted in a digital format. This means that the aerial, “rooftop” and “rabbit ear” antennas designed to receive analog signals will no longer be of any use. In fact, if your television set is not capable of receiving a digital… Continue Reading