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© St. Petersburg Times, published December 1, 2001
Question: I am on the board of our homeowners association. What recourse do we have to deal with infringements of rules and regulations? If there's no monetary loss, it's not worth a court case.
Answer: You must enforce your covenants and rules or you stand a chance of losing them. You should have an attorney on retainer to help. A manager or management company can also help by acting as the "bad guy" who makes contact with the errant homeowners. Board or committee members should never make direct contact with a neighbor to enforce a rule.
A policy on rules enforcement should be approved by the board and then communicated to all unit owners. When there is a violation, I suggest sending two or three letters to give the violator a chance to correct the problem. If your documents do not give you the authority to fine, you then turn the matter over to your attorney for action.
Yes, it will be expensive to involve the legal system, but after one or two owners are forced to comply, others will do so without legal enforcement.
Question: My condominium members thinks the manager is supposed to collect mail for them when they are away. They want the manager to sign for packages. Is this part of the manager's duty?
Answer: I don't recommend this, unless the board instructs the manager to do this and assumes the responsibility for it. However, it is a service that many residents desire. It should not be part of the manager's job description, but it may be part of the manager's duties, an extra service that is nice to have.
The board should consider some of the problems that may arise: What if the manager signs for a registered letter and the recipient refuses to accept it? What will you do with perishables such as food or flowers when the owners are away? Where will you keep valuables? If you do make the decision to receive packages and mail, you need to establish a log and create a secure area to track and store the items received.
Question: We have sold our condo. The board says we have to pay association dues past our closing date and we will be reimbursed at closing. True or false? Why can't the new owner simply pay the dues herself, at closing or later?
Answer: You must deliver the home with all fees and taxes paid to date. Most sales contracts have clauses that cover this subject.
That means a full association monthly payment due on the first of the month should be paid on the first of the month. The closing agent will pro-rate future and past fees.
There is no guarantee that a closing date is firm. Often there are delays.
Suppose your closing was delayed for a week because of events beyond your control. In that case your fee payment would be short. Listen to the professionals and pay all your fees and expenses.
- Write to Richard White, c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. No phone calls or 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 (800) 226-9101 with questions or requests for materials. 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.
You can access the Bureau of Condominiums Web site at www.state.fl.us/dbpr/html/lsc/co_page.html.