Within ten days of a written request, unit owners can inspect and photo copy community records during normal business hours. If the association has available a photocopier, then the member can have up to twenty-five copies made during the same inspection. However, the association may adopt reason rules and regulations governing the frequency, time, location and notice of records to be inspected. To compensate for administrative and office fees, the association can charge up to 50 cents per photocopy.

If the association fails to comply with this subsection (720.303), after the eleventh day, a minimum of $50 dollars per day charge up to ten days can be awarded to the member. The circuit courts recognize this statute as “rebuttable presumption”, failure to provide access to official records.

The official records should include the following:

Complete set of current community documents with the Rules & Regulations. Also, an adequate number of updated documents must be made available to members or new members, which includes Declaration of Covenants, Articles of Incorporation and Bylaws. Common questions & answers should also be attached.

Minutes are kept for seven years.

Copies of any site maps, plans, specifications, permits, and warranties related to improvements constructed on the common areas or other property that the association is obligated to maintain, repair, or replace.

All contracts with warrantees and competitive bids must be kept for a period of one year.

Insurance policies and all financial reporting are kept for seven years, including annual corporate reporting and tax returns.

A good rule of thumb might be; written records, which are related to the daily operation of association business, must be kept for a period of seven years.

For more fun facts see, “Commingling of Association Funds”. To review supporting documents, click here. Read the rest of this entry »

Except for attorney-client privilege, each board meeting should be open to all members for every class of community association. With respect to possible litigating matters and due to discussion or content, board meetings are held private, which are govern by attorney-client privilege and confidential laws.

Homeowner corporations are a little more stringent with regards to condominium. Within a homeowner’s community, a member wishing to speak on a matter placed on the agenda requires a formal request or a sign-up sheet. This formality is not required for condominium.

For every community, the board has a right to adopt reasonable rules and regulations governing the frequency, duration and the manner of member statements. Three minutes to speak on-subject is the standard minimum for these requirements.  The board may also propose a written request in advance of the meeting in order to speak.

Although corporate attorneys may not recommend video and tape recordings, any unit owner may do so.  However, the board reserves the right to adopt reasonable rules and regulations governing the frequency, duration and the manner of member tape and video recordings. Also, written notices in advance may be necessary to arrange for video setup.

For more fun facts see, “Condominium & Homeowner Association have different Rulings for Delinquencies”. To review supporting documents for both condominium and homeowner corporations, click here. Read the rest of this entry »

There are many people who could not live without cable television, us included. If we had to choose between food and cable television, we choose the latter. Cable or satellite television is a must have next to the home computer. But sometimes, if living in a condominium or cooperative, may have limited access for newly install cable, especially high rises.

If a homeowner wishes to install cable from a local franchise, there is nothing in any governing document would prevent from doing so. In order to reach the designation, occasionally the cable company would have to tap through common walls. Because of the inconvenience, noise and the possible burden of going through resident’s walls with added cable, the directors are reluctant to give approval.

There is no approval necessary to acquire cable service in any community. Also, there are no added charges except for the installation charge agreed upon by the provider and resident. However, a satellite dish is handle differently in a condominium or cooperation.

Since the dish requires a bracket mounted on a common wall or installed on rooftop, which is also maintained by the association, the board may rightfully deny approval. For those of you who desire to beat the system by placing the dish in a lanai area pointed south toward the stars, beware. The placement could easily be deemed a nuisance by the association resulting with removal of the satellite dish.

For more fun facts see, “Changes for Homeowner’s Association”. To read supporting documents, click here. Read the rest of this entry »

Recreational facilities such as pool and clubhouse are always available to residents unless quarterly assessments are delinquent, amenities are closed for maintenance/repairs or the owner’s unit is currently being least. To avoid “dual-usage”, the owner can use the facilities as a guess. If the lessee’s opposes in writing, the owner cannot use the facilities as a guess. See, “Condominium & Homeowner Association have different Rulings for Delinquencies”.

Since the board can adopt reasonable rules & regulation regarding clubhouse usage, see “Condominium & Homeowner Associations Restricting Renters Rights”. The board cannot restict or prevent an owner from the right to peaceably assemble. This means, as long as organized in a peaceful manner, the owner would have the right to use the clubhouse or other community faclities to invite public officers or candidate’s for public office to appear and speak.

If the board impede or obstruct from exercising the right of owners to peaceably assemble, the owner may rightfully bring the action to the local county court. Upon favorable decision by the jurisdiction, the court will enforce the statute 718.123 (1), even if community documments state otherwise. So if anybody is planning a public appearance with Charlie Crist, please let us know.

For supporting document, click here. Read the rest of this entry »

Often times people ask why they should pay assessments when they never use any of the amenities or do not live in the community half the time. Unfortunately, they did not read their documents before signing the deed to their acquired property. The State of Florida allows for a three (3) day grace period or window for the sole purpose of community document review. In that time frame the buyer can legally cancel contract without penalties. If it’s a brand new home, the State allows for a seven (7) day window for document review.

Should there be any more confusion regarding non-use of amenities, see Florida Statute, 718.116, Section (2):

The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made.

Most community documents permit the maximum fine granted by state law. Currently the fine accrue at a rate of 18%. For example, if the quarterly assessment were $1,000, then for each delinquent day, a .50 cent interest charge would be added. If so provided for in the applicable documents, in addition to the interest charges, an administrative fee of $25 or a 5% of each installment can be added to interest late fees. The highest amount can be appropriated.

After payments received, here is the order in which late charges are applied first and are superior to assessments:

Interest accrued by the Association
Administrative fees
All Attorney costs associated with collection
Assessments

For related post see, “ Condominium & Homeowner Association have different Rulings for Delinquencies“. To review supporting documents, click here. Read the rest of this entry »