John C. Goede
Attorneys at Goede, Adamczyk, DeBoest & Cross reply to questions about Florida group association law. The organization represents group associations all through Florida and focuses on condominium and property owner association law, true estate legislation, civil litigation, estate setting up and business transactions.
Q: The daughter of an operator nominated herself to the board of directors in our condominium and she hardly misplaced the election. Our bylaws basically provide that small children of owners are eligible for the board but we assumed this was a typo. Can she operate for the board?
— T.D., Stuart
A: This usually catches entrepreneurs by shock, but the respond to is that this is possible based on your condominium paperwork.
In simple fact, the condominium statute does not essentially provide that board eligibility is limited to house owners and does not place any constraints on eligibility other than these limits which utilize to all directors these kinds of as remaining recent on assessments and fiscal obligations to the association, acquiring civil legal rights restored abide by a felony conviction and a several many others.
The statute does, however, permit condominium associations to self-impose eligibility limitations in the bylaws. As a end result, practically all condominiums these days position some restriction on eligibility and normally call for that directors be owners, members, or spouses of owners or members.
Pretty a short while ago, we have also found a quantity of new communities incorporate inventory language in their bylaws that children and mother and father are also qualified.
If your condominium lacked participation and could not come across candidates to operate for the board — this is definitely helpful — but most would argue that this enlargement of eligibility is not handy for the board if you can obtain participation from among the owners and members.
If you want to modify your bylaws to restrict eligibility, I propose you check with a accredited Florida legal professional to figure out irrespective of whether an amendment is important, and if so, to aid draft the proper language and voting files.
Q: Many of our condominium proprietors are not retaining their garage doors. We want to substitute the doors in one particular bulk contract in get to get the bulk discounts. We want to do this as a one particular-time expenditure and have owners choose in excess of the upkeep again moving ahead. Can you we do this?
— J.D., Treasure Coast
A: As you would be expecting, it is dependent. The reply to this problem is remarkably dependent on your unique condominium documents.
If the paperwork present that the association replaces garage doorways, but the proprietor is liable to keep and restore garage doors, then the association has the ideal to replace garage doorways as a common expense.
Be aware this assumes that it would be a like-for-like replacement for the reason that a substance alteration investigation would also implement if the design and style of the garage door was also switching.
If your documents present broadly that the unit proprietor is accountable to manage, repair and change the garage doors, then the default answer would be “no,” the association just can’t shell out typical bucks on one thing that is not a typical expenditure.
Owners who a short while ago replaced their garage doorway or entrepreneurs who do not still want to substitute their garage doorway could item on the foundation that they have the ability to determine when and how to commit their money on the garage doorway.
At the exact same time, you can understand the drive to get advantage of bulk acquiring and it is a great deal less difficult than striving to compel homeowners to independently acquire superior treatment of their garage.
If you are not responsible to substitute garage doorways and want to pursue this venture, I also endorse amending the documents to deliver for the alternative, but not the necessity, for the board to substitute garage doors as a prevalent expenditure.
Q: I are living on a golfing program and my roof and pool cage are routinely pelted by errant golf balls. When I approached the homeowner’s association to attempt and mitigate this likely hazard, the association informed me that it is not their difficulty. How can I compel them to assist me?
— P.R., Treasure Coast
A: Unfortunately, the most most likely answer is that you are on your own.
In most communities bordering a golfing program, there is language in the covenants which features capitalized disclaimers notifying entrepreneurs that the dwelling is adjacent to a golfing course and golf balls may possibly enter the home.
These documents also generally deliver an easement on to your whole lot so that golfers can occur into your property and search for those errant golfing balls. And if the household is located roughly 220 to 250 yards from the tee box and on the correct facet of the gap, the association would probable also answer that you experienced to expect that is what you had been finding you into when shopping for a property on a golf program.
An additional element to this trouble is irrespective of whether your affiliation also governs the golfing program. In numerous communities, the homeowners’ association governing the homes in the community is not the same company that oversees the golfing membership and procedure.
If this is the scenario, then the association would be much more accurate in its situation mainly because the homeowners’ association has no jurisdiction above the golfers or the golf club in general.
Eventually, this challenge is dependent on the language in the specific covenants governing your community and the golf course. In buy to identify whether you have any recourse versus the association or the golf club, I would suggest you have interaction a licensed Florida attorney to overview the relevant covenants
John C. Goede, Esq., is Lover of the Law Organization Goede, Adamczyk, DeBoest & Cross. Visit www.gadclaw.com or to question concerns about your difficulties for long run columns, mail your inquiry to: [email protected]
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