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
Question: The common elements of our condominium include a golf course. It is our understanding that when a unit is rented, the tenant obtains all of the owner’s use rights in the common elements. Is it possible to amend our rules and regulations to provide that the rental of units would only be approved if… Continue Reading
Question: A first floor unit owner in our condominium decided to pour a concrete slab on the common grounds abutting the building behind his unit. Then, he enclosed it with a screen cage. He did not ask for board approval. What action should the board of directors take? J.F. (via e-mail) Answer: I would recommend… Continue Reading
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
Question: I am a seasonal resident in a Florida condominium. When we returned to Florida recently, I noticed that shrubbery around the outside of our villa had been removed. It was in good health when we left, so I do not know why it was removed. I brought this to the attention of the management… Continue Reading
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
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
Question: In one of your recent columns, you wrote that the condominium association was liable for repair costs to drywall that was damaged after water flooding from a unit above. You had also mentioned air conditioners being the association’s responsibility. This does not make sense to me, since our condominium documents specifically state that the… Continue Reading
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.
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.
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?
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