Columns

I live in a condominium association and our community website is terrible. There are no minutes, contracts or financial records to view and the Board doesn’t email any updates to the community.  During the Summer months, I have no way of knowing what is going on and was told the Board must have a website. Is the Board violating Florida law? - T.R., Naples Possibly, but I would need more information to answer the question. Florida law now requires condominiums with 150 or more units to maintain a website. Thus, condominiums with fewer than 150 units are not required under...

The unit owner above me recently replaced his water heater. The water heater leaked and flooded his unit while the owner was out of town and the water flowed down into my unit. I understand that my insurance covers my personal property, but the Association is refusing to fix the interior drywall and my insurance company is also refusing. Who is responsible? - H.H., Marco Island The likely answer is the condominium association, but that answer is only half complete depending on some other factors. The very general rule under the Florida Condominium Act is that the condominium association repairs...

Q: The clubhouse and pool in our homeowners association are outdated and need to be modernized to keep up with neighboring amenities and maintain home values.  We do not have enough money to pay for the upgrades and a lump sum special assessment is not an option.  What can we do?  -J.B., Port St. Lucie A: In these situations, financing the upgrades may be your association’s best option.  There are many banks that are eager to lend money to community associations due to the fact that the default rate is very low.  You would first need to determine whether your association’s...

Q: I heard there is a new law that prohibits rules against vegetable gardens being planted on someone’s front lawn.  Is that correct? A: Yes.  Statute 604.71 Florida Statutes became law on July 1, 2019.  It prohibits local governments from regulating vegetable and fruit gardens on residential properties.  As used in the Statute the term “vegetable garden” means a plot of ground where herbs, fruits, flowers, or vegetables are cultivated for human consumption.  This does not prohibit community associations from prohibiting vegetable gardens because community associations are not deemed to be a county, municipality or political subdivision of the State.  However, community...

Q:     I have next to me a vacant lot with a half dead Ficus tree.  I am told that there is absolutely nothing that I can do to force the owner to remove or at least properly trim.  I am afraid that if there is another Irma this tree will come down and do extensive damage to my house.  Do I have any rights? - B.J., East Naples A:     Yes.  As has been discussed recently in prior columns you can legally trim and portion of the tree that is encroaching on your property.  If you do this make...

Q:     Our condominium association Board is getting bids to remove some palm trees on the border of the property, which happen to sit behind my unit, and they provide shade and privacy to my unit.  It is my understanding that the Board can’t do this without my consent.  Is this true?- G.R., Boynton Beach A:        Florida law provides that the Board has the responsibility to maintain, repair and replace the common elements.  The trees outside of your condominium unit are ultimately common elements and fall under the Board’s authority.  Florida law also does not guarantee a unit owner any...

Q:     Our homeowners association is trying to raise funds for a clubhouse renovation.  We have been advised that the Board has the ability to make the changes, but we are not sure how to fund the renovation.  Any recommendations- T.J., Stuart A:        Great question.  There are a few traditional options.  First, the Board of Directors could levy a special assessment.  Because this is presumably a one-time expenditure that is not in your operating budget, you could levy a special assessment for this purpose.  The Board could levy a lump sum payment requirement or could break the special assessment into...

Q:  We have a unit owner who is leasing contrary to our documents and without Board approval. Our rules allow no more than three leases a year. We have approved three lease periods for a minimum of 30 days this year but advised the owner that after these leases no further leases would be approved until January 2020. The unit concerned now has a family staying there who claim “the owner is allowing them to stay there 3 months for free”. There is little doubt that the owner has told the tenants to say this. What action can we take...

Q:  Our community has many large, mature and beautiful trees, one of which is on my property, but has now died.  The Association denied my request to remove the tree, even though I received a report from a professional that the tree was dead. With it being hurricane season, I am worried that a strong storm will cause the tree to fall on my villa.  Does the Board need membership approval to remove a dead tree within my property line? - K.J., Vero Beach A:  It would be very unusual for the governing documents to require membership approval to remove...

Q: I am a newly elected board member of our community’s condominium association. As a result of Hurricane Irma, we experienced substantial damages. We are still in the midst of dealing with the insurance claims process, almost 2 years later. Do you have any tips to make sure we, as board members, are properly doing our job in the handling of our insurance claim?- J.R., Delray Beach A. Yes. You may want to consider hiring a public adjuster and a law firm that regularly handles insurance claim negotiation who will advocate on your behalf with the insurance company. We have...