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Community Living

Your sales figures are board's business

By RICHARD WHITE
Published March 25, 2006

Q. When I bought my home, the association asked for a copy of the sales contract and the purchase information. I think that's my business, not its. Was the request proper?

A. Some documents require the association to collect information about sales. Most associations ask for a copy of the deed to confirm the correct owner names.

Unless your association has a similar valid reason, I'd be concerned about why it is seeking this information. However, using only the name and address you provided in your letter, I did some online searching.

From the property appraiser's database in your county, I was able to discover what you paid for your home, when the sale closed, what you pay in taxes, whose names are on the deed, the names of the sellers and what they paid. I could view a photo of your home. Your association wasn't asking for anything that isn't readily available in the public record.

Practicing false economy

Q. For years our board has kept the monthly fee low, thinking that doing so would make the homes more desirable to buyers. Now we have serious maintenance problems and inadequate reserves to make repairs. The directors had a big fight about raising the fees. Some of them believe that raising the fees lowers property values. Who's right?

A. At dinner with a real estate agent last night, I posed your question.

My companion provided this response: A few years back, when buyers did not fully understand association living and operations, low fees were a strong consideration. Now times have changed, and buyers are savvier. They understand that communities with low fees may not be operating properly or maintaining the common areas adequately. Therefore, they're reluctant to make offers, and homes sell for less. Buyers want well-maintained associations with healthy financial statements and adequate reserves. You get what you pay for.

His conclusion: a well-maintained community sells faster, at higher prices, than one with lower fees where work has been neglected.

Noncompliance with rules

Q. Our documents require that all homeowners use small-slat horizontal ivory window blinds. Some owners ignore these rules and have installed verticals or blinds in different colors. Notices of violation have been sent to these owners, but to no avail. What's our recourse, other than going to court? Who pays attorney and court costs?

A. First, investigate whether members want to change the rules in the documents. If they do, get your lawyer involved to do it properly. If the members don't want to change the rules, the final arbiter on rule enforcement is the court system.

The association may prevail, but the judge may not include legal costs in the judgment against the offending owner. If your enforcement letters are not complied with in a reasonable time, the matter should be turned over to the association's lawyer.

Once members know the board is serious about enforcement and will take violators to court, others will start to comply with the rules.

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@cfl.rr.com Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney.

[Last modified March 24, 2006, 12:05:56]