Q. A big window needs replacing in one unit of our 37-year-old condo. Two window companies have told the owner that she needs a letter from the association approving the window. What should the letter say? If the original window is no longer manufactured, must the board approve the new window?
A. First, review your documents to see whether the windows are considered common areas - in which case, replacing the window is an association expense - or whether window maintenance is considered the owner's responsibility. Second, the board should review the bids and specifications to determine whether the proposed window will closely match the original. Building codes and window styles have changed in the past 37 years, so what was legal and available then may no longer be so. The board should write a letter approving the specific window kind and style.
This may be the first time in 37 years that someone has had to replace a window, but it surely won't be the last, so setting up guidelines is a good idea.
Board isn't just being nosy
Q. What authority does our board have to insist that I allow it to photocopy my driver's license? I moved here in 1989, and in 1996 this became a 55-plus community. One of the board members called to ask that I bring my driver's license to the clubhouse to be photocopied so the association can update its records. If all they want to do is verify my age, will my birth certificate do? With identity theft on the rise, I'd rather not have a copy of my license floating around.
A. Adult communities must complete a census every two years. (See Federal Register, April 2, 1999, Part IV, HUD 24 CFR 100. The Federal Act is HR 660, Jan. 4, 1995.) One occupant of 80 percent of the units must show proof that he or she is at least 55 years old. That proof may be a driver's license, birth certificate, passport or other official identification. The association must keep a copy on file.
Maintenance, improvement differ
Q. Our board approved replacement of the pool heater for $7,500. This expense is not in the budget, so each owner is being assessed $100. Our documents say members must approve capital improvements. Several unit owners are refusing to pay, and the board says it will place a lien against their homes if they don't. Does the board have the authority to do this?
A. It's the board's responsibility to maintain your common areas and to assess for the necessary costs to do so. This is the replacement of a piece of equipment. Member approval is not required. If you had no pool heater and the board voted to heat the pool, that's another story. In that situation, the pool heater would be considered an improvement, and your documents say that requires member approval.
- 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 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.
