Q: In my subdivision there is a home that has been in foreclosure a long time. The lawn and weeds have covered almost all the front of the house. You cannot even see the front door. The board has received letters complaining about the problem and said that nothing could be done because the house has no owner. They refused to cut the grass themselves or even try to contact the bank that owns the property. Please, let me know how we could approach this problem.
Q: We live in a 55 and older homeowner association. Two years ago, members voted to purchase an automated external defibrillator (AED). Members were trained and government medical guidelines followed as required. Recently the board voted to have the AED removed as they felt the unit was a liability. It is a life-saving measure that has been taken from us. We are wondering what our next move should be.
Q: I am president of our homeowners association and our governing documents specifically state that no director may serve more than two consecutive two-year terms. There seems to be a feeling among some of our past directors who have served two consecutive two-year terms that they can stay out of office for a year and then be eligible to run again. I contend that a director who has served that long can no longer run for the board. I cannot find anything in FS 718 or FS 720 addressing this point...
Q: When the builder was still present in our area, he hardly enforced any of the rules and regulations. He turned over the association three years ago. The boards for the past three years never enforced the rules that state one pet per home. Several homes have two dogs that are always walked on a leash and are not disruptive. Some residents have more than one cat or bird. Our current board has decided to suddenly enforce the one-pet rule for dog owners. The dog owners are more visible because they...
Q: If elevators break down and we need new elevators but cannot afford them, is the condominium still able under law to operate using only the stairs or is it compulsory for us to repair or replace the elevators?
Q: Our board has put a lien on a unit, and the foreclosed settlement date is within three weeks. The unit owner, who has failed to pay assessments and maintenance charges, has a reverse mortgage and if the debt is not settled, eviction procedures must be carried out. The resident is an 85-year-old woman whose relatives received the mortgage proceeds but have not fulfilled the obligations of the unit. What is the association's duty and what are the legal ramifications?
Q: My wife and I own a condominium villa in a golf community. We have been attempting to sell for some time and have finally succeeded. When the inspection was done the unit was also tested for radon. The reading was high enough that it has to be mitigated by a licensed contractor. I have read the condominium documents and they state that I own from the top of the floor slab to the bottom of the ceiling slab. The unit is on the first floor. I contacted the management company that takes care of the...
Q: I have lived in my community for five years and have never seen a census taken. The manager has danced around the question by telling me that he has paid the proper fee with the state concerning our status. He did not address the question of the census. As original buyers we are screened well; however, when owners die there is no follow-up as to who is occupying the unit. I have requested that this be put on the agenda for our next meeting. If this matter is not seriously addressed, what recourse...
Q: The housekeeper that was hired to clean the common areas is neglecting her work and doing housecleaning for owners. Now she is being paid by the association and at the same time the owners. Our board neglects to supervise her work and is oblivious to the side work. What can we do to correct the crisis?
Q: Our association is having a problem with owners not paying their fees. They have their units up for sale and refuse to make payments. The lack of maintenance funds causes problems for the association. We would rather not assess the other units for this shortfall. We understand that we can charge interest on the delinquent amount until the unit is sold. How is this interest percentage determined?
Q: Recently we had a few incidents at our condominium where it appears one of our board members was entering units using the association keys to do favors such as deliver packages or check on suspicious noises, albeit unknown to the owner. Other members were upset that a board member might use association keys to allow themselves entrance to units at any time. Does such an act constitute trespassing? What should the policy be for entering units?
Q: When a condominium unit has been rented out and the owner of the unit does not pay his monthly maintenance fee, can the renters be evicted? If so, do you have to go through an attorney or can the board members send them a letter of eviction?
Q: Our large HOA association has several miles of private streets within our community. Recently a new renter who uses an electric wheelchair moved into a home near mine. This individual uses his wheelchair as a principle mode of transportation and drives it on our streets to exit the gated community and go shopping at nearby shopping centers.
Q: One of your readers from Lakeland wrote to you about the community association's board of directors being in shambles and that homeowners were reluctant to get involved. May I offer a bit of advice?
Q: I am an owner in a relatively small condominium association. Our past president recently moved, leaving behind a management company with some very bad news. Many of the units are in foreclosure or pending foreclosure. In addition, a handful of current owners are not paying association fees.
Q: Our homeowner association has a few investor properties that have been abandoned, with electricity and water cut off. It is costly to bring in water tanks and hand-water.
Q: If the condo board is elected by popular vote and the president is chosen by the board, where does the authority rest? A: The board is composed of directors and officers. Directors have the responsibility for the operations, management and maintaining of common areas. This responsibility cannot be transferred to others. However, they can assign duties.
Q: When we purchased our home, our developer said that when the development was finished he would turn over the association to the homeowners. Our development has been completed and he is still in control. We have two boards of directors, one made up of members and the other run by the developer. According to the developer, he can do just about anything he wants and assess the owners any amount he deems necessary.
Q: I am president of a 78-unit condominium. One owner has not paid her maintenance fees for the past year and owes the association more than $5,000. Our attorney, whom we had to push to act, finally filed a lien. We have found that she is behind in her mortgage but the bank has not started foreclosure. I believe the board is obligated to inform the other owners of the delinquency, but some directors fear a lawsuit.
Q: We received a letter from our board of directors that it is approving a special assessment to provide for delinquent accounts that are in foreclosure and bankruptcy. Is this legal?
