 |
- Certified Specialist, Real Estate Law, The State Board of Florida Board of Legal Specialization
- Title Insurance Closings - residential and commercial
- Wills - Trusts - Estate Planning
- Probate Administration
- Incorporations - LLC Formations
- Condominium Law
Community Associations
as answered in The Breeze by Attorney Sylvia E. Heldreth
as answered in The Breeze by Attorney Sylvia E. Heldreth
Read Answer
My wife and I have lived in a small condo for twenty-two years. There are only 24 units. The property has become very run down. The pool has been closed for seven months because it is a health hazard, the roof leaks in three upstairs units and we are all infested with bugs. The Board, mostly part time residents, does not seem to want to do anything. I don't believe that they are even collecting our assessments. What can I do?
Read Answer
I am considering running for the Board of my condo association and have been preparing myself by attending board meetings. We have had several issues arise lately about barking dogs and seasonal rentals. Just when I think I know what documents to look to for the solution, someone mentions another document that is more important. Is one document more important than another?
Read Answer
My husband and I have recently moved into our brand new condo. The talk around the pool is that we, the residents, will soon take over our community association. I hear words like "financial statements, assessments, reserves and budgets." What does it all mean?
Read Answer
I have agreed to become more active in the management of the condominium where I live. Some of my friends would like me to run for the board. What would my duties be and would I incur any legal liability?
Read Answer
I have recently agreed to help prepare next year's budget for our condo association. I need to understand more about reserves.
Read Answer
I explained that accounting was not my strongest asset before I agreed to be the new member on our condo board. Now everyone is talking about the budget. I know what the word means, but exactly what are our obligations?
Read Answer
We just moved here from Montana where we lived on the farm that has been in our family since 1847. Needless to say, the condominium concept is new to us. What is a condominium association? Can I choose not to join? Should my husband and I move to a condo?
Read Answer
I would like to become more actively involved in the running of our condominium association but I'm embarrassed to admit that some of the basics are not clear to me. What is the difference between the Declaration of Condominium, Articles of Incorporation and By Laws? Please explain units, common elements and just what a condominium really is
Read Answer
My husband and I have been retired for fifteen years but we still like to stay active. We especially like our morning swim. The swimming pool in our condo has been deteriorating for the last four years. The tiles are as cracked as those in our bathroom. Each year our Board tells us that it will repair the pool next year. I'm worried that the steps, which are now loose, are dangerous. What should we do?
Read Answer
Our condo association, which prohibits pets, is involved in a difficult situation. A new owner recently bought a dog, Bowzer, for her daughter who is hearing impaired. She says the girl needs it to be safe because she may not be able to hear the smoke alarm. Several Board members maintain that there are devices for a person with this disability and that the dog must go. Are they right?
Read Answer
I am a veteran of World War II and proud to be an American. I can't believe that my condo Board will not permit me to hang an American flag on my condo door. They say that no decorations, including Holiday wreaths, can be hung. The sad events of September 11th do not seem to persuade them at all. Is there anything I can do? I know they are good people and will listen to legal advice.
Read Answer
I am a member of the Social Committee at our Condo. We had an idea to rent a video, I was thinking of Casablanca, and showing it on a Saturday night. The Committee presented this to our Board for approval and was told that this would be illegal. I pointed out that we were not charging anything, but our President said that charging didn't matter.
Read Answer
I have been on my condo board for twelve years. We knew that we would have to have a special assessment at some point because we have chosen not to adequately fund some reserve accounts. Now the docks are sliding into the water and it has become an emergency safety and aesthetic problem. How do we handle this?
Read Answer
I have been asked to serve on the Transition Committee of our condo association. I am interested in helping because I still work full time and I'm told that this committee has a short life. How is this different from being on the board? What is involved in this?
Read Answer
My husband and I live in a condominium community that is fairly small and very close-knit. We have put our condo, the only property we own, on the market because we plan to move to assisted living next year. One man looked at our unit last week but he seemed to be an unsavory character with long blond hair, bleary eyes and a loud motorcycle. My neighbors have asked us not to sell to him. I don't think we're allowed to discriminate? Are we?
Read Answer
My daughter is mildly autistic and her doctor recommends that she have a pet to help her bond with others. I explained to him that our condo prohibits pets but he says he can write a prescription and the condo will allow a dog or cat. Is he correct?
Read Answer
I'm not on our condo board but I am curious about how we are doing financially. I've asked a few board members about our financial statements and they are always vague or tell me to wait until annual statements and budgets are produced. This makes me wonder if these records even exist.
Read Answer
I have served on my condo board for more than a decade and realize that community association laws have not been static through the years. Are there any recent changes I should know about?
Read Answer
My husband and I really enjoy living in our condo but we disagree about something. He insists that one of the advantages of a condo lifestyle is that the laws and rules about condos never change. I think laws change frequently. Who is right?
Read Answer
I am president of our condo association and have had some experience in collecting delinquent assessments from unit owners. For the first time since I have been on the board, we now have unit owners who have received a demand letter, had claims of lien filed, have received their 30 day letter that demands payment and threatens the initiation of the foreclosure process. They still have not paid. How does the foreclosure process work? Are we guaranteed our money if we foreclose?
Read Answer
I have been the president of our condo association for seven years and this is the first time that we are faced with several owners who are delinquent in paying their assessments. I know we need to take action but I'm not sure how to proceed.
Read Answer
I am the president of our condo association and we have found it necessary to foreclose on several unit owners because of nonpayment of fees. I have just heard that two of the owners are in the process of filing bankruptcy. Should we stop the foreclosure process now and cut our losses by ending our legal fees? Is this process now going to take years?
Read Answer
My husband was just elected to the board of our condo association. He mentioned that one of the association's largest expenses is the salary of our community association manager. Our twenty-year-old son is pretty handy so my husband is going to suggest that the board replace the manager with our son because he would be much less expensive. I think my husband is missing something in this idea.
Read Answer
My husband and I just purchased a new condo. We measured all the rooms except the kitchen and baths for carpeting. We noticed that our 1,400 sq. ft. condo was only 1,372 feet. It's too late to do anything but did we get cheated?
Read Answer
My husband and I just purchased a new condo. We measured all the rooms except the kitchen and baths for carpeting. We noticed that our 1,400 sq. ft. condo was only 1,372 feet. It's too late to do anything but did we get cheated?
Read Answer
My husband and I have purchased several single family homes and we have always obtained insurance before the closing. We are about to purchase our first condo and my sister-in-law says that we do not need any insurance because the entire association is covered under the master policy. Is she correct?
Read Answer
|
This information is not intended
as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law. |
|
1215
Miramar St., Cape Coral, FL 33904
Telephone: 239-542-8899, Facsimile: 239-542-2923 |
Contact Us: Heldreth1@aol.com