Handle change opens door to controversy
By RICHARD WHITE
© St. Petersburg Times
published November 23, 2002
Question: Shortly after we purchased our condominium this year, the doorknob and lock assembly became inoperable and irreparable. We noticed that the unit directly across from us and several other units had attractive large brass door handles with a thumb latch instead of the original single round bronze knob originally installed. I replaced ours with one of those large brass handles with a thumb latch.
The unit owner across the hall said that he installed his brass handle when he moved in, more than 15 years ago. He has served on the board and was familiar with the clause in the declaration that says, "Any maintenance, repair work or replacement done by a unit owner to windows, screens, glass or exterior doors pursuant to this paragraph shall conform to the existing design, color and quality of material replaced or repaired."
Several days ago, we received a letter from the property manager instructing everyone who has installed a doorknob unlike the original to remove it within 30 days or face the consequences.
In several of your columns, you have mentioned that if the association doesn't enforce a rule for some period of time, that rule is no longer enforceable. When I brought this to the board's attention, the members told me they had the right to enforce any and all rules at any time, regardless of when a rule was broken. Does the association still have the power to force those who have had this nonstandard hardware for up to 15 years to revert back to the original, which is no longer offered by the lock manufacturer?
In some cases because of the difference in the diameter of the holes in the door, the old hardware, even if one could get hold of it, would require the owner to purchase a new door. This is according to the local locksmith who does most of the lock work for the building and the owners.
Answer: Write to the board requesting an exception to the rule. Tell them the locksmith says the original lockset is no longer available, and remind them that they have taken no action for at least 15 years to enforce the rule.
The final authority on enforceability of rules is the courts. If you wish to go that route, with a commitment of time and money, contact a lawyer for advice.
I encourage boards to enforce their rules in a timely manner so they are not in the position of having a judge tell them a rule is no longer enforceable because they have failed to enforce it for so long.
As a rule, any time you make changes to your unit, an architectural modification form or letter requesting approval for the changes should be submitted to the board.
Amending the budget
Question: Our board levied a special assessment because our operational funds are low. Isn't an assessment supposed to be for a specific purpose, not for general funding? The board should have increased the maintenance at the beginning of the year but didn't.
Answer: Yes, a special assessment should be for a specific purpose. However, the board does have the right to amend the budget in the course of the year and to increase the maintenance fees at that time. That revised budget would reflect the increase in specific line items that have been over-expensed. The board must follow specific notices as required in the statutes, and the changes must be approved at a properly advertised board meeting.
'Updating' the documents
Question: Who can update our condo's documents? Can the board do this with the approval of our attorney? Our 63-unit condo has been operating for 35 years under the same set of rules.
Answer: If you want to change your documents, seek legal advice. The board can, as you suggest, draft the proposed changes, subject to an attorney's approval.
That said, remember that those documents are deed restrictions. People bought in your community based on the restrictions as they stand now. The owners have a right to expect that those rules will be enforced, not altered arbitrarily.
I urge you to give serious thought to why you want to alter your documents. Sometimes people don't read the documents before they buy. It may be that the people need to change, not the documents.
-- Write to Richard White, c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. E-mail him at CAMquestions@att.net. Please include your name and city.
Call the state Division of Condominiums Bureau of Customer Service at toll-free 1-800-226-9101, access the Web site at http://www.state.fl.us/dbpr/lsc/index.shtml; or write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032.
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