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 property and was told they do not pay for mitigation. It seems to me that the radon is leeching through the concrete floor slab, which is owned by the association. Would that not be the association's issue to fix?

R.W., Naples

A: Radon is a natural-occurring gas that is radioactive. It can be found in homes where there are breaks, cracks or holes in the floor slab. While most homes have a little gas, it can be reduced by circulating fresh air. But if the leaks are too volatile, you must have the floor sealed. A web page to learn more is: http://www.epa.gov/radon/pubs/citguide.html.

I would send the board of directors a certified letter with a copy of the report and ask that they correct the problem with the floor slab. Refer to the documents in which it says that the association is responsible for the floor slab.

Q:We live in a gated community and are governed by traditional HOA rules and bylaws. While we have frequent minor rules infractions within our association, one member has committed what I would consider a major rules infraction. He has constructed a concrete wall around the perimeter of his property and does not abide by setback guidelines, which clearly violates our documents. What recourse does the HOA have as it pertains to the bylaw infraction? If legal action is necessary to remedy the infraction, is the HOA responsible for legal fees?

S.M., Tampa

A: I am not providing a legal answer, just procedures I recommend. Usually, the legal costs for enforcing rules are an association expense, but if the matter goes to court, the association can ask the judge to require the violator to pay the legal costs.

I call rule enforcement expenses a necessary cost of doing business. As in any rule enforcement, the board must establish certain policies. My recommendation is to send one or two letters instructing the member to comply with the rules. Then send a certified letter with strict enforcement instructions. Once the letters are sent, turn the matter over to the association attorney to provide the legal guidance to force the correction of the rules. That may mean that the matter may need to go to court. It can be very expensive for the association but the failure to enforce the rules and regulations can result in chaos.

An alternative action that may save time and money is to file a complaint with code enforcement. If you are in a government division that requires a permit, they may require that the fence be removed.

Q:If my son's or daughter's name is not on the deed, is there any Florida statute that prevents them from attending or speaking up at our regular meetings? Everyone I talked to has said it should be in our condominium documents, but it is not in ours. All that our documents say is one vote per unit.

R.A., Indian Shores

A: You are correct in that the statutes do not address this question. Most association documents do not address the question of non-owners addressing the board at meetings. The statutes do address members talking at board meetings. FS 718.112(2)(c) says the members have a right to speak with reference to agenda items. It also says the board can create reasonable rules and limit the time to no less than three minutes.

As to children addressing the board or any other visitor, I would suggest that you allow them to address the board with the same policy.

Q:Our homeowners association is controlled by FS 720. Our bylaws say that a director who is absent for three unexcused consecutive meetings has vacated his/her director's position. I have tried to find what the proper form is and who is to approve this request to officially remove the director. Is it verbal or written in form? What is the best way to handle the situation?

B.F., Miami

A: With the second absence, make a remark in the officers' reports of the bylaws obligation to attend meetings and include it in the minutes. Then send a copy of the minutes to the absent director with a note that if he/she is absent for the next board meeting, the position will be considered open and a new director will be appointed. At the next meeting, the first item on the agenda will be a motion to appoint a new director. If he/she does not attend the meeting, you elect a new director. Just a simple motion to appoint Mr. Smith to fill the vacant director's position will do it.

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

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