Renters have the same rights as unit owners do, even while living in their community.

So many times Board of Directors deny and restrict renter rights of using the Clubhouse for special events. Or use stricter rules & regulations for renters, as opposed to the owners, by limiting the use and time of weight room and amenities.

If their were a known survey, we’re sure it would show ownership has a higher sense of ownership pride as would a renter. Members will say, “Renters’ do not have the same respect as a unit owner and after pool or clubhouse use, too often they refuse to clean after themselves”.

Although many Boards are in favor of amenity use restrictions for renters, the Florida Statute 718.106 adversely states, “When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant.”

The law also allows for association right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners. 

If dual usage becomes a problem in a community, then the Board can prohibit use by adding to the Rules & Regulations. Since the Florida Statute clearly states the ability for the Directors to eliminate dual usage, adding to the association Rules & Regulations would be considered a reasonable rule.

How to prohibit dual use of common elements without a membership vote?

• Post an agenda with the date, time and place of a Board of Directors Meeting.
• Make sure the agenda item states, “Vote to prohibit dual usage.”
• Vote to approve or disapprove dual usage.
• If approved by the Board, add the language to the governing Rule & Regulations.
• Send all record owners a copy of the new Rules & Regulations.
• An Affidavit of mailing is recommended.

For more information or supporting documents, see Florida Statute 718.106 below: Read the rest of this entry »

The Community Association Board of Director’s are Solely Responsible for Their Actions: 

First make sure the Board of Directors have their policies in place. The Board of Directors is responsible for the operation of the Association by maintaining, repairing and replacing the necessary common elements. Preserving the property valve should be one of the main objectives of the “master plan”.

The property manager and property management company’s implement the policies supplied by the Board. If the Board does not have a management policy, the manager can supply an initial master plan and the association could then prioritize the plan as necessary. The manager would then assist the Board by delegating maintenance, repairs, replacement and other functions directed by the Board.

The Board can assign tasks and allow for the manager to run the day-to-day association business on behalf of the Board. Although the manager makes the daily decisions, the Board is still ultimately responsible to the association. The Board could never reverse their responsibility by assigning manager duties.

The Board of Directors by State Statute is obligated to use prudent business judgments and has fiduciary duties to act in the best interest of their community. Also, to make good faith decisions, as would an ordinary person would under the same circumstances.

To help make sound decisions, the Board can seek professional opinion. Experts like Community Association Attorney, industrial engineer, state contractor, public accountant and property manager, are all necessary in making responsible board decisions. The Directors’, who apply these high standards of community management, will never be liable for actions or the failure to take action by any of the association members.
If the community contains less than fifty (50) units or has an annual budget (or budgets) of less than $100,000.00, a hired Community Association Manager would not be required by state statute. For seasons stated above, not having a Community Association Manager is not recommended. For more information regarding management duties and how to choose a community association management company, see, “How to Choose the Right Property Management Company“.

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Today is a special day to spend with family and friends and enjoy the festivities.

Were celebrating this Thanksgiving Day with a roast turkey, gravy made from the turkey drippings, roasted spaghetti & acorn squash, sweet potatoes casserole with mini marshmallows on top and homemade pumpkin pie.  We are certainly grateful for being able to enjoy this peaceful day.

We also hope Charlie Crist is enjoying his Thanksgiving Day. Here’s a little insight of our newly elected Florida Governor, it’s been just over a year. “Charlie Crist now serves as Florida’s 44th Governor in the State of Florida. He vows to work as “The People’s Governor” because he is working for the people of Florida—the people he calls his boss. Today, he is ready to lead Florida onward, to new opportunities and to Florida’s brightest future.”

Here is a another blurb regarding the State of Florida Citizens Property Insurance Company:

Property Insurance - Governor Crist praised the Legislature for continuing the work of lowering property insurance rates by ensuring affordability and consumer choice within Florida’s insurance market. Rates for homeowners insured by Citizens Property Insurance Corporation will not be increased until January 1, 2009, and consumers can qualify to purchase insurance from Citizens when comparable coverage from private insurers is more than 15 percent higher than Citizens rates. Private insurers will also be required to report their national profits when filing for rate increases, and no new Florida-only subsidiaries companies, will be permitted to insure property in Florida.

Here’s the problem, the Florida ran Citizen Insurance Company are not affordable. In fact in the South West Florida area, Citizen’s Insurance Company more than doubled in all Associations including our own. Since Hurricane Wilma some Association Insurance costs has almost tripled. All of us here in the State of Florida are spending a huge amount of money on property insurance. The high costs are mostly due to Wind coverage.

The legislation reports the rates will not increase until 2009: Our rate already more than doubled. The pledge of having our insurance not increases for a couple of years are insulting to us who live in South West Florida, not having an increase does not lower our costs. If a private company comes to Florida and offers just fewer than 15% for insurance, you can add another insult to injury. Lastly, private insurers are now required to report their national profits when filing for rate increases. This begs the question of how much did these insurance companies make before they left town and why is the legislation requiring such reporting? This pledge also doesn’t add any kind of significant changes to our insurance costs.

Aside from vacating Florida, here’s one attempt we can make to lower our insurance premiums. Write a letter. Don’t waste your time with emails, we’ve already tried and received no feedback. Below is a sample letter:

Your name
Your address
Name of your Association
Phone number or other contact information.
Today’s date

Charlie Crist
The Capitol, 400 S. Monroe St.
Tallahassee, FL 32399-0001
Phone: (850) 488-7176
Fax: (850) 487-0801

Regarding: High Cost of Insurance Premiums

Dear Mr. Crist:

It’s been a while now since you Charlie Crist have taken office with the promise of reducing our insurance rates. As you know Citizen’s, which is a Florida State insurance company is and had been charging enormous insurance premiums for our community. These high rates are causing a hardship for our members of our Association, especially those who are on fixed incomes. It has more than doubled since Hurricane Wilma.

So far the only relief from Citizen’s Insurance, is from having a mitigation inspection to our roofs. These inspections performed by a licensed contractor add additional costs to our association. The reduction is not significant and barely puts a dent in the amount we are charged by Citizen’s.

Speaking on my behalf and our Association, please take the necessary steppes in an expedient way to reduce our insurance premiums.

Sincerely,

Your name
Carbon copy: your association’s name

Happy Thanksgiving!!! Read the rest of this entry »