Question: Will a management company be more efficient than the owners in managing a condo? Our board members get bids, arrange construction and repairs, plan the gardens and handle the finances. I've always thought professionals would do a better job.
Answer: The primary duty of the board is to maintain the association and the common areas. Management's responsibility is to function as the board directs. The management can approve no bid or contract without the board's prior approval.
Professional management should carry the day-to-day workload. That means administrative duties, property management and financial operations. Please note where I'm coming from as a professional manager. I believe professional management operates more efficiently, saves money and relieves board members of daily tasks. The management can advise or assist the board and can make recommendations about how to conduct business and operate the association. Never assume that the management has the final answer or the last word. That's the responsibility of your board.
Check the documents first
Question: Whose responsibility is the replacement of sliding-door tracks that lead to the balcony? Our condo is doing concrete restoration on the balconies, and this question has come up. Is it the responsibility of each unit owner or of the association?
Answer: Your documents should define who is responsible for repair or replacement of windows and doors. No standard answer is available because documents may differ from one condo to another.
If your documents aren't clear on this, have your attorney review them and draft an opinion letter, which the board should then approve as standard operational procedure.
I usually recommend that the board retain final authority either to approve the style, model and color of replacement windows and doors that the owners pay for individually, or to take responsibility for replacing windows and doors. That eliminates the possibility of a hodgepodge of styles that detracts from your building's appearance.
Past-due maintenance fees
Question: The board of our homeowner association wants to hire a collection agency to handle past-due maintenance fees. The agency would report overdue owners to the credit bureaus. The board doesn't want to follow the lien-and-foreclosure procedures outlined by our attorney.
Answer: You'll have to pay a collection agency, which will reduce the funds you recover from delinquent owners. Your documents probably allow you to recover costs of lien-and-foreclosure proceedings and subsequent legal action. Lien and foreclosure is one of the most powerful tools allowed by law. You can take someone's home away by foreclosure. Why would you want to merely blemish someone's credit report when you can force payment by foreclosure? Use your attorney for collections. File the liens. The message is strong, and once the word gets out, most delinquent owners will pay on time.
- 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; or 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 toll-free 1-800-226-9101 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.
