Condo & Homeowner's Association Law - Part II

Q: Our condominium was developed over ten years ago. The board members as well as the owners would now like to amend our bylaws. We read the association documents and it does not say how our bylaws are to be amended. Can you tell us what is required by the unit owners or board members to properly amend the documents?
A: Under Florida law, if the bylaws fail to provide a method of amendment, the bylaws may be amended if the amendment is approved by the owners of not less than two-thirds of the voting interests.


Q: Our condo association needs to do construction repair to the common elements. The board of directors requested bids for the work that was needed to be done. After the board hired a company, many of the unit owners asked the board for copies of the bids. The board responded by saying that once a company was hired, the unit owners were not entitled to see the bids. Are unit owners entitled to see copies of the bids submitted to the association?
A: Yes. Bids for work to be performed shall be considered official records and shall be maintained for a period of one year. Unit owners are entitled to obtain copies of all bids submitted to the association.


Q: Our board had a private meeting with the association attorney to discuss a law suit that was filed against the association. Since the law suit can potentially affect all of the unit owners, I wanted to know more about it. When I asked if I could attend the meeting to listen about the situation, I was denied. The president told me that no owners would be allowed in the meeting. It is my understanding that Florida law mandates that all owners are allowed to attend all board meetings. Was it illegal for the board to deny me the opportunity to be at the meeting?
A: No. Generally, you are correct that all unit owners are allowed to attend board meetings. However, there is an exception to the law when it involves a meeting with the association attorney to discuss litigation or potential litigation. Therefore, the board did not violate the law by prohibiting you from coming into the meeting since they were meeting with association counsel regarding a litigation matter.

Q: I own a condo in Sunrise. A water leak occurred last month and damaged the dry wall of my unit. I contacted the association to make the repairs since I was told that the drywall is the responsibility of the association. After contacting the association, I was told that several of the board members were out of town and my drywall issue would be discussed at the next month's board meeting. Instead of waiting for the board to meet, I decided to hire a company to replace the damaged drywall. I gave the association the bill and asked to be reimbursed. After the board met, I was told that I had no right to have the drywall repaired. I was told that the association has the right to fix or replace the drywall and I violated the law by fixing the wall even though it was in my unit. Can you tell me if I had the right to fix the damaged drywall in my unit?
A: Since the drywall is association property, it is the responsibility of the association to fix or replace it. Under Florida law, a unit owner does not have the authority to act on behalf of the association. Since it is the association responsibility to repair or replace the drywall, you may not have had the right to fix the drywall. You should consult with an attorney who can give you a definitive answer.

Q: We are writing to you to inform your readers of the growing dangers of empty condos. Our management firm manages individual condominium units and is aware of more and more empty condos throughout South Florida. Whether it involves the seasonal owner, the no-rental condominiums or a unit owner who is in foreclosure, a board needs to know of the dangers of having an empty condominium. We are seeing many units with mold problems due to the fact that an empty condo does not have air conditioning or a dehumidifier. The mold not only is growing in the unit but is also affecting other units and the common areas. Board of Directors of all condominiums need to institute rules that require a unit to keep the air conditioning on at 78 degrees or face potential mold issues.
A: Condo associations should discuss making such rules by consulting with their attorney. A board has the duty to take action to protect the common elements and common areas of the building.

Q: Our condo association needs to do construction repair to the common elements. The board of directors took the proper action and bid out the work. After the board hired a company, many of the unit owners asked the board for copies of the bids. The board responded by saying that once a company was hired, the unit owners were not entitled to see the bids. Are unit owners entitled to see copies of the bids submitted to the association?
A: Yes. Bids for work to be performed shall be considered official records and shall be maintained for a period of one year. Unit owners are entitled to obtain copies of all bids submitted to the association.


Q: We live in an association where the board meets without telling its owners. The president of the board claims that the board needs to meet to discuss important issues and cannot inform the owners every time they meet. It is my understanding that the board needs to inform the owners each and every time a meeting is held. Can you tell me if that is correct?
A: No. Under Florida law, notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. Since the letters sent by the board did not meet this time frame, there was not sufficient notice for the board to hold a meeting.

Q: I live in a condo in Broward County. During the past three months, there has been a leak from an upstairs unit into my unit. After the leak had been stopped, we noticed mold growing on the drywall. An inspector came to our unit and drilled a hole into the wall. The inspector determined that there was mold on the inside of the wall as well. The board of directors refused to replace the wall or get rid of the mold. It is my understanding that this would be the responsibility of the association. Can you tell me if that is true?
A: In accordance with Florida law, the association is responsible for the replacement of the wall. Furthermore, the association is also responsible for getting rid of the mold on the inside of the wall.

Q: Our association has a surplus in our budget. We received a favorable insurance settlement for damages that we suffered. While we have a surplus, we have several unit owners who are going through financial difficulty and cannot afford to pay their maintenance. The board voted to allow these owners to be excused from paying. A unit owner, who was at the meeting, objected and threatened to sue the association. Can the board give a break to owners who are having financial problems?
A: A unit owner may not be excused from payment of the unit owner's share of common expenses unless all other unit owners are likewise proportionately excluded from payment. While there are a few exceptions to this law, it would not apply in this circumstance.

Mark Bogen

April 13, 2008

Mark Bogen has been practicing law for 24 years. He specializes in condo and homeowner association law and authored the book "What Every Condo Owner Should Know." Bogen, a former adjunct professor of business law, has recently started the "Bogen List," which aims to protect associations from scams. If you have a related question for Mark Bogen, please send your e-mails to BOGEN2000@aol.com.

source: sun sentinal

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