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© St. Petersburg Times, published April 27, 2002
Question: We have spent the winters in our condo in Florida for six years. When we arrived this year we found mold all over the walls in our guest bedroom and laundry area, caused by a leak above us. Our condo association says we are responsible for our personal property, including the carpets. The board says we should file a claim with our insurance company to cover the cost of cleanup and repair. We have a $500 deductible. What about the mold in my bathroom?
Answer: Welcome to high-humidity Florida. The association is not responsible for your mildew and mold problem. Here are some suggestions for reducing the risk of mildew in the future: Run your air-conditioning while you are away. The temperature should be in the high 70s or extremely low 80s. Do not close your draperies all the way. Allow some sunlight to enter. The downside to this is that the sun can fade some fabrics. Arrange for occasional inspections. Have neighbors or a property manager enter your apartment every month while you are away to inspect for leaks and ensure that all the equipment is working. Have them flush all water lines and open the windows for a few minutes to allow air circulation. This same friend can open up your unit a few days before you arrive, set the air-conditioning to your liking and have the place aired out and ready for occupancy.
Question: Our manager advises us that we need to change our collection policies to comply with federal credit laws. We rarely have delinquent accounts, but when we do, we just call the owners and most of the time they pay. We have placed only two liens in the last year and have not needed to file foreclosure for almost three years. What is this new law and do we need to follow it?
Answer: It is not a new law. The Fair Debt Collection Practices Act has been in existence for several years. Managers recently have been advised to follow the act. Boards should approve a policy that all contacts should be in writing. Managers and boards should be extremely careful of direct contact because of subsequent disputes over who said what to whom and charges of unequal treatment. Your attorney should provide you with standard forms for the letters and a timetable of when to send them.
I have a one-page report from attorneys Wean & Malchow on the Fair Debt Collections Act. To obtain a copy, send a business-sized, self-addressed, stamped envelope to me at the address at the end of this column; mark your outside envelope COLLECTIONS.
Question: Our homeowner association is down to one board member, who refuses to answer the phone or return messages. Our documents state that the board is to have no fewer than three and no more than nine members. We have not had an annual meeting for over two years, nor have we seen financial reports or other notices. This board member did call one meeting, in response to unit owner demand, only to cancel it on the morning of the meeting. We have some outstanding bills, including one from an attorney, on which time is running out. What recourse do we, the members, have to get this board member to call a meeting and give us a financial report?
Answer: Check your documents for specific requirements for members to call a meeting. FS 720.306(3) says that 10 percent of the members can call a meeting. The petition must state the reason for the meeting. In your case, it would be to have the annual meeting and elect a new board of directors. Notify the president to send notices. If he does not, then send the members the proper meeting notice package and have the meeting. Keep good records of the events and minutes of the meeting. Notify the attorney of the action.
Another option is to petition the courts about the problems and ask that an administrator take over the association. The major problem with this is the very great expense. I regard this as only a last-resort option.
- 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.
Readers may call the state Division of Condominiums Bureau of Customer Service at (800) 226-9101 with questions or requests for materials. Or write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032. Please note that this office provides no information about homeowners' associations. The state has no bureau or department covering those associations.
You can access the Bureau of Condominiums Web site at www.state.fl.us/dbpr/html/lsc/co_page.html.