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.

The risk to this individual is significant and, according to law, this device is not licensed to operate on roads as it does not possess proper equipment such as lights, etc. We believe our documents do not allow it to be used as it is and the association should be able to restrict the use. Your comments on this problem would be appreciated.

A: I do not see a problem for you and your association except your unsympathetic attitude. Your neighbor is responsible for his safety and how he handles his wheelchair.

Q: I am the community representative on my condominiums board. Our community is a 300-unit condominium complex that has 72 unsold units and the developer remains in control of the board. However, the developer is being foreclosed on by the lending institution that provided the loans to purchase the property and convert the apartments into condominiums. Further, the developer did not provide for the reserves and is now responsible to warranty the buildings as stated in FS 718.

When the property is in receivership or is sold to a new developer, what is the responsibility of the new developer to the owners regarding the implied warranties?

V.S., Naples

A: My answer will only provide part of the picture, as the situation involves extensive legal action. In most situations, any receiver, future developer or developer assignee will have the responsibility to comply with the documents and complete the project somewhat as planned. That receiver or developer assignee may have some rights to make alterations, depending on the original documents.

I would not expect that a receiver or assignee will bring the reserves current but they may have some responsibilities. While you and your neighbors need to protect your financial interest, trying to work with the new receiver or assignee will result in a more favorable transition.

Q: Does a manager of a mobile home community have to be a certified property manager? This person is our employee and not a management company. What are the state legal requirements of the position?

C.F., Port Richey

A: The state statute that covers licensing of managers is FS 468.432. It says that associations such as an HOA, condominium or cooperative over 50 units or with a budget over $100,000 cannot engage an unlicensed person to manage. That license is called a Community Association Manager (CAM) license. A management company can only use licensed CAMs to manage the associations and the company must be registered with the state. While the manager does not need to be certified, it is a positive thing for the manager. One organization that certifies managers is the Community Association Institute (CAI), www.caionline.org. An association that engages a nonlicensed person can be fined.

If your mobile home park is privately owned (rental community), then the owners do not need to be licensed.

Q: I live in a condominium building and the elevators are out of service for extended periods. Is there a government office or somewhere where they inspect or regulate elevators in private buildings? Another issue is that when we use the stairs, half of the flights do not have light. I believe this is a fire code violation. I have addressed the association in writing, but it fails to correct the problems.

B.L., Miami

A: There needs to be a certificate of inspection posted in the elevator. You would be able to obtain the name of the department that inspected the elevator on this certificate. Send a letter to the inspector and include details of the out-of-service time. If the certificate is missing, contact the county.

As to the lights in the stairwell, contact the fire inspector. Since you have indicated that your association has problems, I would look at your budget to make sure that your association has proper reserves for elevators.

Write to Condo Line, Home, 1 Herald Plaza, Miami, FL 33132, or e-mail Richard@talkwithcam.com. Include name and city.

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