• Logout
  • Member Center

CONDO LINE

Condo documents should list weight of owner votes

CAMquestion@cfl.rr.com

Q:Our master condominium association consists of six condo sub-associations of unequal sizes. All owners are responsible for paying exactly the same rates to the master association. In the event that a vote came up on whether to impose a huge multimillion-dollar debt in the form of a loan or mortgage on the condominium owners for discretionary work, would each condo owner's vote count equally? The condominium documents provide that a 66 percent condo owner assent is required for approval of such an action. Does this mean that at least 66 percent of ALL individual condominium owners would be required to vote in approval of the project?

E.R., Miami

A: It would depend on the documents, as that is where you should find the value of each unit's vote. Some master associations' votes are weighted to the larger number of units and some share equal votes to each unit. There is no standard answer, although it would appear from your description that each home would have the same vote value. If there is any question, the board should ask the association's attorney for an opinion letter.

Q: I am a real estate agent and am having a problem with a condominium association not giving me the questionnaire that needs to be filled out for the lender in order to obtain a mortgage to complete the sale. The seller's agent has had their lawyers place a demand letter for the information but we are running out of time and the legal system is so slow. Do you have any thoughts to get the association to answer the necessary paperwork?

B.G., Orlando

A: My first thoughts are to advise your buyer to search for a home elsewhere, as it appears that this association is poorly operated. But it is not my position to advise the buyer. Sometimes you need to take a direct action. If the association has an office, visit it and make your demands there. If the association does not have a central management or board administrative center, then try to call the officers. It may require that you search the state's corporate records to find the officers' names and addresses. You may have to knock on their doors. You may need to inform the board that it has the duty to provide the information. Point out that their failure could result in a lawsuit from the seller's loss of a sale.

Q: My apartment was completely destroyed by a recent hurricane and cannot be occupied. Am I still responsible for my maintenance fee?

D.B., Stuart

A: Yes. It is unfortunate that you cannot live in your unit, but the maintenance fee is budgeted to maintain and repair the common area, not your unit.

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

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.

Comments (0)
  • Videos

  • Quick Job Search

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