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
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
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
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
Question: We have a neighbor who has an oak tree in his back yard, planted just four feet inside the border of our neighboring lots. The tree is about forty feet tall. We have had to have the tree branches trimmed back every year to keep them off our pool cage. The problem now is… Continue Reading
Question: We own a condominium unit which we rent out. Our tenant reported a water leak, and so we called a plumber. The plumber concluded that the leak was not coming from our unit, and advised us to notify the association. The association’s management company hired someone to look for the source of the leak,… Continue Reading
Our legislative town halls have provided active community leaders with insights into the new laws that impact community association operations. Over 100 people attended the session held in Fort Lauderdale where the panel consisted of no less than six (6) local legislators. CALL partnered with Biscayne Neighborhood Association, Brickell Homeowners Association, and Downtown Neighbors Alliance… Continue Reading
Question: Our board has adopted a rule stating that each unit owner must have his or her air conditioner equipment checked and certified each year as being in good working order. Does the board have this authority? I think it is a waste of money. R.C. (via e-mail) Answer: In my opinion, yes. Assuming that… Continue Reading
In almost every declaration of condominium I have reviewed, interior unit doors and their hardware are classified as part of the “unit” and are the maintenance, repair, and replacement responsibility of the unit owner.
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?