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Community Living: Let condo owners know that the rules are back

By RICHARD WHITE
Published May 6, 2006

Q. Our condo building has not enforced the rules outlined in our documents for years. We'd like to start doing so. What is the legally correct method of informing unit owners that we will do so?

A. An official notice sent by the board to all owners is the first step to reinstate the rules published in the documents. Discuss the situation at board meetings. I would make a detailed inspection of all violations. Recognize that some of the violations may not be reversible and you may need to grandfather in these conditions. Seek guidance from your attorney as you reassert your authority to enforce the rules.

ADA lawsuit is costly

Q. A family in our homeowners association has a mentally handicapped child and wanted to fence in their entire property, which is prohibited by our rules. Our president refused the request. The state attorney sued on behalf of the parents under the Americans with Disabilities Act. We lost, of course, and our legal expenses reached $25,000, of which $15,000 went to the state attorney. Most of those costs were not covered by insurance, so the burden fell on the owners. Is this legal? Do we have any further recourse? The president sold his house and moved shortly after all this took place. We will pay for his mistake with increased insurance premiums and attorney's fees.

A. Mark it off as a learning experience. The Americans with Disabilities Act, or ADA, is very powerful. When an owner requests an accommodation for a disability, the board needs to be open-minded instead of automatically saying no. It would have been better to pass the request on to your lawyer for an opinion than for the president to respond on his own. Under the ADA, when a homeowner requests an accommodation such as fencing or a wheelchair ramp, the homeowner pays for the accommodation, not the association.

Press for delinquent fees

Q. What action can a homeowners association take, in addition to letters demanding payment, against a home-owner who is seriously delinquent in paying his assessments? Can the association force a foreclosure? Our association seems loath to take any real action against this homeowner.

A. You do your association no good by letting members become delinquent. Your documents no doubt have strong procedures to force collections. In almost all associations, the documents allow lien and foreclosure to collect the late fees. Have the association lawyer file liens and begin foreclosure action. A board that fails to use the strongest method to force delinquent accounts to pay in the shortest time is negligent in its duties. If your board members fail to do their duty, vote them out at the next annual meeting. Elect new directors who will enforce a strong collection policy.

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. 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.

[Last modified May 6, 2006, 06:35:32]