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

Tag Archives: Condominium

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

Assessment Allocations for Condominium Units are Set in the Governing Documents

Posted in Assessment Collection, Common Areas, Reader Q&A

Question: We own a unit in a five unit condominium.  Four of the units are contained in one building and one unit is a standalone building. The units in the four-plex are each approximately 1,750 square feet, while the unit in the standalone building is approximately 2,300 square feet. Our declaration of condominium provides that… Continue Reading

Security Lights Keep Resident Awake At Night

Posted in Common Areas, Reader Q&A, Safety and security

Question: Our condominium building just had new security lights installed.  These new lights were not discussed at a membership meeting and the unit owners were not given the opportunity to vote in favor of or against the installation.  These lights illuminate my entire unit, making it difficult for me to sleep.  Can the board make these… Continue Reading

HOA Management Contracts Should Spell Out Extra Fees In Detail

Posted in Reader Q&A

Question: Our homeowners’ association recently signed a new contract with a management company. The contract discusses a number of fees that the management company will charge the association in connection with handling certain owner-related tasks such as collections and records inspection. Are these charges permissible? E.M. (via e-mail)   Answer: There are two issues to… Continue Reading

Association’s Pooled Reserves Require Attention To Detail

Posted in Budgets, Reserves & Financial, Operations, Reader Q&A

Question: I have a follow-up question to your recent column concerning reserve accounts. It is my understanding that the association’s board of directors, without a member vote, can change from straight line reserve funding to pooled reserve funding for future reserve funds. However, to move existing straight line reserve funds to a pool method would… Continue Reading

Handicap Parking Space Requirements Subject to a Variety of Laws

Posted in Disability, Discrimination/Fair Housing, Reader Q&A, Reasonable Accommodations or Modifications

Question: How many handicapped parking spaces is our community required to have, where must they be placed and what local, state or federal law governs? J.B. (via e-mail) Answer: The requirements for handicapped parking spaces in any community can vary greatly depending on the age of the community, the type of community, the number of… Continue Reading

Interior Shell Or Box Of Air Often Defines A Unit

Posted in Reader Q&A

Question: In one of your recent blogs, you referred to the condominium “unit”. What is a “unit”?  I understand that it is “paint in, ceiling down, and slab up.”  Is this correct? L.G. (via e-mail) Answer: The “unit” is the portion of the “condominium property” that the “unit owner” holds legal title to. The unit, when… Continue Reading

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