Condos

Condo Line

Renters not second-class residents

 

CAMquestion@cfl.rr.com

Q. We are a condominium and governed by a board of directors elected by the members. According to our documents a non-unit-owner can run and be elected to the board. Currently our treasurer is a tenant living in a foreclosed unit paying a reduced rent. The association painted the unit and made ready it at the association’s expense. To me it appears that since he advises the board on financial matters this is a conflict of interest.

A.A., Winter Gardens

The statutes have very few requirements to serve as a director or officer in a condominium. Ownership is not a requirement and therefore a renter or non-owner can serve on the board. I have seen non-owners with more experience than any member serve on boards and work harder to do a better job.

This is often a disturbing question for me, as it opens up two issues. First, renters are not second-class residents. Second, why don’t members concerned with renters serving on the board volunteer to serve themselves instead of complaining? As to the rent, how do you establish a fair rate? Perhaps the renter will be asked to move when the foreclosure is finalized. A lower rent is somewhat of a compensation of not knowing if they can live in the home next month.

Q. Our condominium board has contracted with a service company to repair and maintain household appliances and air conditioning in the units. This service was purchased in bulk for all the units and is cheaper than if individual owners buy it. However, a neighbor said this may be illegal as it is not within the common areas and instead within the domain and prerogative of the individual owners. He said it should not be assessed as part of the annual budget and maintenance fees. By including these charges as part of the maintenance fees, owners do not have a choice whether they want to participate in the program. Can you comment on this practice if it is illegal or how it can be handled differently?

N.R., Miami

The statutes and administrative code is specific on how to budget and develop the fees. The board cannot add non-operational charges to the budget. While it is not common, the members could vote to include extra services. I would recommend that any new service be included as an amendment to the documents.

While it was not part of your question, I assume that the board, not the members, voted for the service and added it to the budget. I do not believe the board has that power. Since I cannot provide legal guidance to this question, I suggest that the board seek an interpretation from the association attorney.Q. I have been the president of my condominium for several years. I have never charged the condominium with any out-of-pocket expenses except for some office supplies, light bulbs and other such items. Is it permissible for me to charge a portion of my computer expense to the condominium?

J.C., Fort Lauderdale

It would be my feeling that it would be improper unless the matter was discussed at a board meeting and the members as well as the board agreed to the reimbursement. The board could purchase a low-end computer setup for a few hundred dollars, including software and printer. This way there would be no question as to whether it would be proper.

Write to Condo Line, Richard White, 6039 Cypress Gardens Blvd., #201, Winter Haven, FL 33884-4115, or e-mail CAMquestion@cfl.rr.com. Include name and city.

Read more Condos stories from the Miami Herald

  • Condo Line

    Every year, board shirks an audit

    Q. Every year the board meets with the owners and recommends to them that no audit be taken on the condominium books, in order to save money. Is there a state law that the board must have the books audited periodically? I have another concern in that our directors have little business experience making good decisions for the association.

  • Condo Line

    Candidate information sheets voluntary

    Q. We recently held an election for the board of directors. There were five candidates for four positions. Two of the candidates submitted information sheets that were included in the meeting package. Three others never submitted an information sheet. The candidates elected were the three that did not submit information sheets and one that did. After the election, I asked the president to see the three information sheets because they were not included in the mailing. The president said that information was not mandatory and they never received them from the three candidates. I question the ethics and legality of the election of the two candidates who did not submit the information sheets regardless of their qualifications and platform for the office. Can owners request another election?

  • Condo Line

    Board callous to mother’s plight

    There is no simple answer to a board that does not respond to a request involving a disabled or injured person. I have learned that you never suggest that a disabled or injured person get a wheelchair. In many situations, such an event may mean that once in the wheelchair, they will never walk again because they lose the strength and capability.

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category