Q:We live in a 55 and older homeowner association. Two years ago, members voted topurchase 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.

D.W., Hanes City

A: Once you have an AED, taking it away could be considered a liability by not making it available. Current news is that the state has enacted a law, SB 564 effective July 1, 2008, that getting an AED is encouraged and to obtain appropriate training. It encourages notification of local emergency medical services of the location of the device and says that properly trained persons may obtain immunity from civil liability from harm resulting in the use of the AED.

Q:I am living in a homeowner community. For the last two to three years, some homes have eyesore violations. The management company has sent letters, but they have not fined or solved the problems. Can residents do something to make the board and the management company enforce the community rules? Can the residents take legal action toward the board and management company?

C.R., Doral

A: To fine a homeowner for a rule violation, the board must follow strict requirements listed in the statutes and you must have the right to fine in your documents. Because of the complexities, I do not recommend this action. It would be best to turn the matter over to the association attorney for legal action to correct the problem.

Yes, members can sue the board and management company but is that the best way? It is like suing yourself and you will be responsible for legal costs. In the past, I have recommended that you write the board a letter about your concerns. Recently I have come up with a different approach. That is, to become involved in the solution and volunteer to work with the board.

Q:Our condominium board president has taken on a lot of what are the duties of a property manager. He recently posted a sign by the pool stating 'No food or beverages allowed in pool area' and additionally stating it was against the law to allow food. Of course glass can be a hazard, but can canned drinks and food be considered illegal? Seems a stretch to me, and we would love to know before the next board meeting. Also, the pool area has picnic tables.

M.C., Fort Walton Beach

A: Two of the sources for Florida swimming pool operations are FS 514 and the Administrative Code section 64E-9.008. There it notes that a sign should be posted restricting food and drinks on the pool deck. I would suggest that you contact your county health department about this question and any other special restrictions you may encounter.

As for the picnic tables, maybe they can be moved off the pool deck. I suggest that maybe the county pool inspector required that a sign be posted and the president was only correcting the deficiency.

Q:I am a member of a homeowners association. Recently a letter written by the president of our board was sent to all owners. The letter pertained to a common area property that was deeded over to our community many years ago by the original developer. A sentence in the letter states: ''I successfully petitioned the Property Appraiser's Office to reclassify the property from commercial property to common area thereby eliminating the property taxes that the homeowners association has paid in the past. This has resulted in the elimination of the taxes paid in past years.'' How are property taxes eliminated? Is this a correct statement?

M.S., Fort Lauderdale

A: Your president is correct and to be congratulated for saving the association future property tax savings. The source is FS 193.023(5), which says that any parcel of an association having common elements jointly owned by the owners shall be assessed by applying the values to the owner's property and its fractional or proportionate share of the appurtenant common elements. To put it in lay language, the value of each home is increased by the common element value and thus must pay more for the increased values. The reason behind this statute exemption is that if common elements are taxed, it can be assumed that the property is double taxed.

Q:I have read in the statutes that reserves are not for regular expenses, but special ones like roofs, painting and paving. Would a reserve fund be valid for insurance?

P.W., Fort Lauderdale

A: Since insurance is an annual expense, it should be in the regular expense budget and not in the reserves. Reserves are usually for expenses that are not an annual expense but will occur in future years.

However, you could include an insurance reserve line item to pay for deductibles amounts that would only be needed in event of a claim or loss in future years.

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

Join the discussion

Note: If this is your first time using our NEW commenting system, you will have to LOG OUT and then LOG BACK IN.

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 in 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. In order to post comments, you must be a registered user of MiamiHerald.com. Your username will show along with the comments you post. Thank you for taking the time to offer your thoughts.