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Condos: Unspoken question holds reader's answer
By Richard White, Special to the Times
Published October 20, 2007
Q: Our condo has been hit with one special assessment after another over the past few years. We weren't finished paying for the last assessment when the board announced another one, to paint the building. Many of us agree the place needs painting, but we think it can wait another year. We've circulated a petition to this effect and have had a lot of positive response. How much authority do boards have to make these decisions without member input? A: The gaping hole in your story is this: What happened to your reserves? I have to assume your board either never established reserve accounts or greatly underfunded them. The board has the legal responsibility to maintain common areas. It would be delinquent in its duties if it did not do so. You, the members, would be the first to complain about falling property values if the board failed to keep the place up, and you'd be justified. It sounds as if boards in the past failed to fund the reserves and to charge adequate monthly maintenance to cover your costs. Don't blame the present board for trying to do the right thing. Taxing county tax bill Q: Who owns the ground on which our condo is built? My county tax bill seems to tax me for my unit and common elements. I've never seen taxes paid to the county out of association funds. A: Your deed will show that you have ownership of a unit and an undivided interest in the common areas. The key word is "undivided." You share ownership with all other owners in the percentage listed and pay taxes on it accordingly. Common property is not taxed because that would be double taxation FS 193.023. Feedback on updating Q: Our condo building is 25 years old, and the common areas are in need of updating. The board appointed a committee to make recommendations. The committee developed a plan costing about $79,000, which the board approved. Now, of course, everybody has an opinion. Members want to vote on whether the work is necessary. The board says this is simply maintenance and requires no member vote, and our lawyer agrees. The board wants to hold more meetings to let people express their opinions, and meanwhile the project is on hold. How do we convince our homeowners that it's not in anyone's long-term interest to start voting on maintenance items? A: I support your lawyer. The board has a fiduciary duty to maintain the common areas in like-new condition. That said, we all know that not everyone will like the color or the decor. I suggest you set up a display in the lobby with photographs and sample boards of fabrics, materials and colors. You can also hold an informational meeting to show the materials. Offer comment cards on which people can fill in their suggestions. Take comments in writing only. My guess is that once the work is done, most people will be enthusiastic about it. 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 19, 2007, 09:20:30]
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