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Letter to the editor

Condos: Porch alterations are owners? responsibility

By Richard White, Special to the Times
Published October 13, 2007

A: A review of your documents will likely show that limited common elements are defined as the balconies/porches. The documents will also spell out the requirements for alteration of common areas by an owner. In most situations the association is never responsible for the changes you describe. The owner would be responsible for the additions or changes and the association for common-area repairs only. For example, suppose an owner put down tile on the concrete floor of the balcony. Now the floor needs to be repaired. The owner would be responsible for removing the tile so the association can make the necessary repairs. The owner would also be responsible for replacing the tile. I don't think you can require owners to enclose their porches.

Association in limbo

Q: Our association was formed 30 years ago and never recorded in the public records by the builder or association officers. As we understand it, we have no legal authority to enforce bylaws, restrictions or the rules and regulations. Everything is strictly voluntary on the parts of the residents. Is there a way to become legal without 100 percent sign-up from the residents? Could the association apply only to those who agreed to join?

A: Association documents and restrictions are an encumbrance on the title of property. It would be almost impossible to record your unrecorded restrictions now unless all the owners agreed. Yes, you could have an association of only those who agreed to abide by its restrictions. This situation has serious title problems, so I would get your association lawyer involved. If you have residents who are violating the restrictions that have no legal force on them!, there may be city or county ordinances that apply and you can enforce those.

Budget is up to board

Q: Our budget calls for setting aside much more money in reserve accounts. Unit owners are given no option to vote against the budget. If more than half the owners refuse to approve it, can the budget still pass?

A: The condominium statute requires the board to calculate an adequate reserve budget (FS 718.112). It is the responsibility of the board of directors to approve the budget, not the members. The board is obliged to send members a notice of the meeting at which the budget will be approved.

The board is not required to ask the members if they want to reduce the budget. However, members can petition the board to call a meeting to vote to reduce the reserves.

Homeowner association boards do not have the strict statuary requirements for reserves that condos have, but in truth the responsibility is still present. Boards have fiduciary duties to maintain the common areas and operate the association. This means that they need to establish proper budgets and reserves to meet the requirements. Most boards take weeks of research and calculations to create the budgets, of which most members are unaware. If you are concerned about the budget, why not volunteer to serve on next year's budget committee? Then you can better understand the figures.

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.

[Last modified October 11, 2007, 16:50:18]