Community Living: A water softener stirs hard feelings

By RICHARD WHITE
© St. Petersburg Times
published February 23, 2002

Question: We live in a three-story, 40-unit condominium. Fifteen months ago the association installed a water softener for all 40 units. The association pays for water out of our monthly dues. Did the association act within its authority in installing the softener? Some of us find it impossible to rinse soap out thoroughly, whether from a shampoo or in the clothes washer. We find that the softened water won't penetrate a coffee filter, which makes a mess.

Answer: I don't recommend that associations install a water-conditioning unit at the source of the water supply. In doing so the association is altering the water supply for the entire building. Some water conditioners remove chlorine or other purifying chemicals necessary to maintain water quality and provide good drinking water. The addition of the conditioner might represent a material alteration of the common elements. Check your documents for the definition of material alterations and who can approve them.

Members' meeting

Question: Recently you stated that members can vote to reduce or eliminate the reserves at a properly called members' meeting. How is such a meeting called? Can a certain number of members force such a meeting?

Answer: Check your documents to see what the requirements are for a members' meeting. Your docs should say how the members can call a meeting or how the board calls a members' meeting. Some documents call for a petition signed by a certain number of members asking that the board call a members' meeting to discuss a specific matter.

In the specific case you cite, a notice must be sent to all owners, along with a limited proxy to vote for or against reducing or eliminating the reserves. Such a meeting could be part of the annual meeting or could be a special meeting.

Over 55 communities

Question: I'm the president of our community. Recently a real estate agent called to inform me that we are not on the state's registered list of adult communities. Our governing documents, filed with the county, say residents must be 55 or older. Where can I find out about this?

Answer: A new state law requires that all adult communities be registered. You can visit the Web site at www.fchr.state.fl.us (click on "55+housing") or contact the Florida Commission on Human Relations, P.O. Box 3388, Tallahassee, FL 32315.

(This is a helpful Web site to know about; it explains what is required to be a 55-plus community and offers Frequently Asked Questions about the Florida and federal fair housing acts and HUD rules.)

Your association must be in compliance with the federal laws concerning adult communities in order to register with the State of Florida. Failure to comply or knowingly providing incorrect information is punishable by fines. Any community that claims to be an adult community should contact its attorney to verify that it is in compliance with federal and state law and that the new requirements to register are properly completed.

- Write to Richard White, c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. Sorry, he can't take phone calls or provide personal replies by mail, but you can e-mail him at CAMquestions@att.net. Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney.

You can access the Bureau of Condominiums Web site at www.state.fl.us/dbpr/html/lsc/co_page.html.

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