Question: One of our condo association directors has announced that he will use a passkey to enter each unit to replace the flappers in the toilets. (There has been some high water usage in our buildings, although not in my building.) I told him that unless there is an emergency, he has no right to do so. He says this is an emergency. I asked that he return the emergency key to my unit. Can he legally enter my condo under these circumstances without my permission?
Answer: The association has the right to enter your unit during reasonable hours for maintenance, repair or replacement of elements or fixtures the association is responsible to maintain. See FS 718.111. Your documents should also contain specific instructions and rights for the inspections and repairs. You must allow the board to inspect and replace defective toilet parts. If you are home it is one matter. If the inspection takes place when you are not present, the inspection team should consist of two or more persons for security reasons.
A program to replace the toilet float may save up to 20 percent on water usage. I recommend that all owners and associations schedule a change of parts every year as standard procedure. A program of annual inspections and replacements will pay for itself in water savings.
Association lacks attention
Question: We have a well-maintained condominium with an in-house manager who does only administrative duties. He performs no financial or maintenance work; we do have maintenance workers. We are having a problem getting candidates to run for the board. The existing board is getting tired of donating time and effort to the association. Can we function without an association? Should we engage a full-service management company, even though it would raise our fees?
Answer: Based on the letters I receive, one of the most disturbing trends in community associations today is the difficulty of getting members to volunteer time and effort to the association. At a minimum you must have a board of directors. The worst-case scenario is that a court appoints a receiver to run your association. This involves high costs and loss of control by your members. The answer you need is somewhere in between.
The issue is how you get the members' attention. Maybe a good education program or better communication is the beginning. An easy way to get attention is to raise the fees and increase the reserves. Start now to talk to management companies and get members involved in those meetings. You as board members are leaders, and you should be grooming your successors.
Keep a rein on common areas
Question: What are the restrictions and rules on the use of condo recreation rooms for socials, parties, fundraisers, sales pitches, etc.?
Answer: Common areas are for use by the members. Owners have a right to use these areas (FS 718.123).
The owners may have the right to rent/lease the common areas for private parties, and the association may have the right to charge a reasonable fee. It would be advisable to have an attorney draft a short-term lease for such rentals/leases. Have your insurance agent provide special coverage for private events.
The association should be extremely careful about sponsoring events with commercial outcomes. I recommend that the board approve policies for the private use of common areas.
- Richard White is a licensed community associations manager. Write to him 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. Access the Bureau of Condominiums Web site at 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.
Please note that this office provides no information about homeowners' associations. The state has no bureau or department covering those associations.
