Tag: Important Posts

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. (more…)

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. (more…)

If you are a patriot like we are and would like to prove it by showing off your United States flag, then by all means, please do. However, if you live in a planned community, condominium, cooperative or homeowner association, then rules and regulations will apply.

As long as displayed in a respectful manner, anybody in any community can erect a portable or removable United States flag. This doesn’t mean, if you live in a condominium, that you can automatically mount a flag bracket outside your front door. The association maintains the exterior wall and the board may not allow for a wall mount.  Also, displaying the American flag in a respectful way doesn’t mean displaying a flag as big as a screen of a drive-in-theater.

Associations have different rules and regulations dealing with flags and decorations. Regardless of any community rule, if modeled in a respectful manner not larger than 4 ½ by 6 feet may display a portable or removable flag representing the United States Army,
Navy, Air Force, Marine Corps and Coast Guard on these days:

Armed Forces Day
Memorial Day
Flag Day
Independence Day
Veterans Day

For related posts see, “Fining Procedures for Homeowners Associations”. And for supporting documents, click here. (more…)

If considering installing storm shutters before the hurricane season, there are a few things you should know first, especially if living in a planned community. With many types of shutter styles and different specifications, it may be a confusing choice. Furthermore, there are many alternative storm protection apparatuses such as laminated glass or window film, which can be architecturally designed to comply with local building codes.

Each association administrative should have hurricane specifications in place or adopted. These should include color, style and aesthetic features conforming to building codes. Even if the community documents require a board approval, as long as abiding by the adopted specifications, the board cannot refused or deny shutter installation. Conversely, if installation should accede by local building codes, the board is prohibited to reject or decline installation of laminated glass or window film.

Since hurricane shutters are not considered a material change (which requires a 75% of total voting interest), by a majority vote, the board can elect to install hurricane shutters within the community. However, where laminated glass or window adhering to local building codes is installed, the board may not install hurricane shutters.  Once the board installs hurricane shutters, the board would be responsible for maintenance, repairs and replacements as necessary.

For other somewhat relative posts see, “Bad Hurricane Predictions Costs Florida Homeowners ”. For supporting documents, click here. (more…)

Occasionally the Board is faced with the problem of owner’s non-participation. The lack of interest of serving on the Board can cause a deficit of Board members sufficient to constitute a quorum.

Depending on the governing documents, the Board should have a minimum of three (3) directors and up to nine (9). In order to decrease the chance of an equal vote, the board should always consist of odd numbers. 

There are many reasons why a Board may fail to fill board vacancies: If a director sales their home and moves away, the board members are too busy to appoint another director, lack of interest by the community or the board simply can’t find a suitable member.

Although required by Florida State Statute, someone in the community would have to actually enforce the law by taking appropriate action. Conversely, in a community where a lack of Board interest is present, the likelihood of enforcements may be nonexistent. 

For related articles simply click, “Alternative Dispute Resolution for both Condominium & Homeowner Associations“. (more…)

For some reasons, this word “commingle” cracks me up. Mix or share money with different accounts is the first thing that comes to mind, after chuckling. The State legislation must have had the same concept on their mind, when writing the commingling law.

Commingling of funds is prohibited and it’s pretty obvious why. However, the State of Florida allows for commingling of funds if the sole purpose is for investment reasons only. This means, as long as intended for an investment, an association can commingle both operating and reserves accounts together.

Currently we don’t know of any community banks offering a checking service with a higher annual percentage yield (APY) than standard certificate of deposit (CD) or savings accounts. But if keeping both operating and reserve accounts together somehow earns a higher return, then commingling association accounts would be prudent.

There are only two rules that apply regarding commingling. First, accounting is recorded separately, indicating the actual amount of reserves verses operating. Secondly, the reserve portion can never be lower than the operating amounts.

The second rule is pretty obvious, because if the operating account dropped lower than the reserve amount, then the reserve portion would be use to support the operating account. Therefore, it would be hard to explain how commingled funds were solely used and intended for investment purposes only.

For other posts not directly related, simply click, “Ten (10) Reasons that make Property Managers go Hymn”. To review supporting documents, click here. (more…)

In the event of a sale in a planned community, the mortgage company is required to collect an approval from the association as part of their escrow process. However, approval of a sale is not required if the community declaration, articles or bylaws do not provide for. Along with the sale approval, a current updated commonly asked question & answer form is required which should be attached to the rules & regulations and documents.

If the authority to do so appears in the declaration or bylaws, the association should also approve leases. Security deposits up to one months rent can be collected to protect against damages to the common property. Again, check the applicable documents.

For processing and administrative fees, the association can charge for sale/lease forms, up to the amount stated in the community documents. However, if the lease is a renewal from the same party, then no charge can be applied. 

If any of these provisions are not stated, then it is time to update those rusty old community documents. See, “How to Amend Community Documents”.  For supporting documents, click here. (more…)