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

Tag Archives: Condominium

Attempting To Change Assessments In A Condominium Can Be An Almost Impossible Task

Posted in Assessment Collection, Owner Payment Responsibility, Reader Q&A

Question: I recently purchased a unit in a condominium community. Half of the units are two-bedroom units and half are three-bedroom units. However, assessments are shared equally. I do not think I should have to subsidize insurance, repairs, and maintenance for the larger units, as I own a two-bedroom unit. I would like to bring… Continue Reading

All Assessments Due Association If A Third Party Purchases A Unit At A Foreclosure Sale

Posted in Assessment Collection, Foreclosures, Reader Q&A, Safe Harbor

Question: We have a unit in our condominium that will soon go to a mortgage foreclosure auction. This unit owes the association tens of thousands of dollars in unpaid assessments. What is the maximum amount we can recover from the purchaser at the foreclosure sale, as I have been given conflicting advice?  S.S. (via e-mail)… Continue Reading

Parking Regulations Are To Be Respected, Even By Association Directors

Posted in Fiduciary Duty of Board of Directors, Reader Q&A

Question: Our condominium association has limited parking. The president of our association has been allowing a friend of his who lives near the condominium to park his truck in a guest space for extended periods of time. When asked, the president claims that the friend is his “guest” and that he is doing nothing wrong…. Continue Reading

Some Condos Limit Construction to Offseason

Posted in Reader Q&A

Question: What are the pros and cons of condominium associations amending their documents to prohibit unit owner construction during certain times of the year? Is this common? Answer: Although any statistics I could provide would be anecdotal, I would say that at least a majority of my condominium association clients impose a moratorium on heavy… Continue Reading

Self-insuring Condominium Property is Complex and Costly

Posted in Insurance, Reader Q&A

Question:  My condominium association is contemplating self-insuring a garage building. The building is a “fire resistive structure.”  Would self-insuring violate statutory responsibility in any way? A.P. (via e-mail). Answer: As you might imagine, properly insuring condominium property is one of the most important fiduciary responsibilities of an association board. The Florida Condominium Act includes a… Continue Reading

Management Company Contract Extension In Dispute

Posted in Reader Q&A

Question: We have a contract with a management company. It does not come up for renewal until the middle of next year. There is an uncontested election soon, and there will be a new board in place when the contract comes up. The current board recently got together to vote on extending the contract before… Continue Reading

Board Members Have Two Choices In Being Considered An Approved Director By The State

Posted in Education, Reader Q&A

Question: I am a new board member in a small condominium association. We have a management company. Am I required to take an educational course in order to be a director? M.P. (via e-mail) Answer: Section 718.112(2)(d)4.b of the Florida Condominium Act provides that within 90 days after being elected or appointed to the board,… Continue Reading

Installing Tile Causes Noise Problems

Posted in Reader Q&A

Question: I am having a problem at my condominium. Our documents prohibit owners from installing tile flooring in their living rooms or bedrooms without board approval. However, the board has neglected to address this issue in the past and a number of owners have installed tile flooring throughout their units. Most recently, my upstairs neighbor… Continue Reading

Who Has The Right To Occupy Unit?

Posted in Reader Q&A

Question: Over the last few years a number of units in our condominium association have been purchased by “LLCs” or other fictitious entities, such as corporations.  Typically, these entities have multiple directors or members and we never know who is using the unit or who even has the right to do so.  Is there something… Continue Reading

Compensation for Directors Should Be Provided in the Governing Documents

Posted in Reader Q&A

Question: Can a member of the board of directors of our condominium association receive a monthly salary from the association, and if so who must approve such a salary? J.F. (via e-mail) Answer: It depends. Generally, members of the board of directors of a condominium association serve without compensation. However, Section 718.112(2)(a)1., Florida Statutes (2012),… 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

Seller Responsible For Disclosing Information To Purchaser

Posted in Reader Q&A

Question: What information must be disclosed to the buyer of a condominium unit about reserves or pending assessments? Who is required to make this disclosure, the realtor, the association or the seller? R.W. (via e-mail) Answer: Typically, a condominium association is not responsible to make any specific disclosures to a proposed purchaser of a condominium… Continue Reading