Florida Condo Owners Association Rights Legislation
By Dr. Joyce Starr | June 30, 2008
Filed under Condo - HOA Rights, Florida Condo Act, Homeowner Rights, Topics & Guests
Topic: 2008 Florida legislation further protects condo owner association rights – Changes to Florida Condo Act FS 718 herald enhanced association safeguards for condo dwellers. Show date: July 2, 2008.
The State of Florida passed legislation in 2008 that further protects condo owner rights. Our featured guest spearheaded this legislation. He’s at the forefront of the homeowner rights consumer reform movement in Florida, including “drawing-board” legislation that will protect the rights of homeowners associations HOA members.
Guest : Honorable Julio Robaina was the first Hispanic elected commissioner of the City of South Miami and the first Hispanic Mayor of the City of South Miami. Under his stewardship, the City of South Miami was named one of the top ten cities in the United States in 2001 and received the honor of being named “All-America City” by the National Civic League amongst approximately 600 cities and counties that compete yearly.
Representative Robaina was elected to serve District 117 of the Florida House of Representatives on November 5, 2002. During the legislative term of 2002-2004, he was assigned chair of the Select Committee on Condominium Association Governance, and vice chair of Local Government & Veterans Affairs. He served on several committees including: Business Regulation, Health Care, Transportation, Select Committee on Florida’s Economic Future, Select Committee to Protect Private Property Rights and the Subcommittee on Energy. The Representative also served as the Vice Chair of the Miami-Dade Legislative Delegation in 2005.
He is currently serving on the following committees: Health Quality, Government Efficiency & Accountability Council and serves as Chair of Urban & Local Affairs. He also is currently serving as the Chairman of the Select Committee on Condominium and Homeowner’s Association Governance.
Click here to learn more about your condo & HOA rights.
As Treasurer of a Florida Condo Association, how can we find out
the Associations rights against condo owners, who have not paid their share of Special Assessments for new roofs, building repairs, building and flood insurance,etc ?
Can the Association stop suppling cable television for owners who have not paid monthly dues ? (this is part of dues)
Any information would be helpful.
Fred Taylor
407-399-8787
I bought a home in a HOA and at the time the documents allowed for sale or for rent signs. The developer has now changed the documents to state that no signs are allowed only the developer can have them. I currently have a for rent sign in my window and they are imposing a fine on me until I remove the sign. I was wondering if the US 1st Amendment allows me to display a sign in my window, If not is there some other avenue I can use to allow my sign? TY
Dear Rob,
I raised this issue with our homeowners association documents expert, Dr. David Goldenberg, author of Creating Condo & Home Owner Association Documents. Dr. Goldenberg states that:
“Initially, the developer [more like its attorney using a relatively standard form] sets the rules, including those pertaining to signs, and expresses those rules in the community’s governing documents. But those rules are subject to state statutes in effect at the time as well as revisions/additions to rules in the future.
“However, because the state statutes change over time, they must be consulted in case they override the earlier “whims” of the developer. Moreover, the governing documents can be revised by a majority of the community if they follow the procedure set forth in the governing documents or the statutes.
“Generally, certain signs are forbidden [usually business advertisements, religion, etc.] while others may be allowed [warnings of burglar alarms/protective services, for sale, temporary political signs, etc.].”
I hope this is helpful – Dr. Joyce
We are having a problem obtaining the necessary number of proxies to change our 30 year-old condo rules and by laws due to absentee owners etc. Is there any other way we can change our condo rules?
Dear Renato,
It’s probably impossible to change the rules without approval of a majority of all homeowners. However, the catch is what constitutes a majority. For example, it’s one thing If a majority is defined as 51% of all eligible voters but it could be quite another matter if all that’s required is a 51% of all votes cast by eligible voters.
That may depend on the law(s) of the state where the condo is located as well as on exactly what the governing documents say in defining a majority. It’s also possible that the law or the governing documents allows exceptions.
Additionally, the board’s attorney may recommend a conservative interpretation as a precautionary measure. If at all possible, you should consult the board’s attorney or an independent counterpart.
You will find many such answers and more in our Homeowners Association Rights Defense Kit.We also offer one-on-one homeowners rights consultations at StarrPublications.com.
All the best,
Dr. Joyce Starr & Dr. David Goldenberg”>Dr. Joyce Starr & Dr. David Goldenberg
Hi, the City of Miami Beach is going to pass a law to prohibit condo rentals less than six months and one day. our condo docs allow us to rent for 1 month, but not less. Can the city override our condo documents and make us rent for more than six months? This may make some of us who rent our units for a few months in the summer lose our homestead? Would that be an illegal impairment of contract? Can the city force us to rent in a way that makes us lose our homestead? i don’t understand how the city can take our rights to rent our own units.
Hi Chris. I asked Dr. David Goldenberg, author of Creating Homeowner & Condo Association Documents to respond to your question. His reply:
“This is a legal question and I’m not an attorney. However, I suspect that such a law could be: 1. successfully challenged by established owners acting renting for short periods if their governing allow such, 2. enforced against new owners in new condominiums, and 3. perhaps enforced against new owners in established condominiums. Essentially the city is changing its zoning rules. Of course, there are vast differences between proposing such a law, enacting it, trying to enforce it, and having it stand up in courts of appeal.”
Our Florida condo association board is trying to charge access fees ($100 per event up to $1000) to those owners who rent unless their rental company has an agreement with the association to give them compensation. This is not in our bylaws at all and this was never a requirement previously. Can they do this without amending the bylaws?
Hi Lynn,
We responded to your question with a special post. Hope this helps!
I LIVED W/MY FIANCEE OF 11 YEARS. HIS HOUSE WENT INTO FORECLOSURE, HE MOVED ME INTO HIS FATHERS CONDO. 6 MONTHS LATER,(NOW) HE WALKED OUT.THIS IS MY LEGAL RESIDENCE.THEY WANT ME & MY TWINS TO LEAVE. THE LANDLORD (FATHER) HAS OFFERED ME THE $$ IT WOULD TAKE 4 A LAWYER TO EVICT ME. I NEVER PD RENT, WE LIVED AS HUSBAND & WIFE. I HAVE CANCER & OTHER HEALTH ISSUES. WHAT R MY RIGHTS 2 STAY ????? WE HAVE NO $$ AND NO WHERE TO GO. THANX PLZ HELP
Dear Roselle,
I am posting your cry for help in the hopes that someone – perhaps an attorney – can provide an answer.
I live in a condo in South FL. My question is can the board determine the roofs all need to be replaced without the vote of the community, especially when the roofs all don’t need to be replaced? A proposal has been made by the board with a roofing company for $250,000 to replace all of the roofs with an $83 a month special assessment for all unit owners to pay toward the $250,000.
We were given close to this amount of money after Hurricane Wilma by the condo assoc insurance company. Some of this money was used to repair the roofs but not to replace them. If the board will be replacing the roofs I think the remaining insurance money needs to be put to the replacement of the roofs.
The bottom line to this issue is can the board vote amongst themselves to replace the roofs without the vote of the unit owners?
Thank you in advance for your reply!
Hi Linda,
According to our condo documents expert Dr. David Goldenberg, the short answer is Yes, generally the board of a Florida can act without consulting the owners in such matters. A duly elected board of a Florida condominium is responsible for maintaining and/or replacing the building(s), including the roof(s), as well as maintaining the grounds. Such boards usually have the power to do so without consulting the residents and also to levy a special assessment to pay for the work.
HOWEVER, state law and your community’s governing documents spell out the procedure the board must follow. Check those documents carefully. They may impose limits on the amount that can be spent. They also may require owners to approve the project and/or the special assessment by a majority or super-majority of written votes.
Hope this helps!
Can a HOA fo 1300 homes,require ALL homeowners to purchase and pay for Comcast Cable service, even if the service is not wanted.
I too have the same question. Also, if we experience problems with outages etc, the cable company refunds the association. We as homeowners never get it back, yet every year the cable fee increases a dollar.
Hi Dee,
You raise an interesting issue. The consumer suffers the outage – which could affect his/her computer and/or income – while the condo receives reimbursement. Perhaps you could raise it at your next condo meeting and report back to us.
Our association decided to upgrade the service for cable, even though the homeowners were not in favor of it. The association voted for it with no regards to the homeowners. I’m only there one month of the year and still have to pay the other eleven months.
Like to hear more about this subject.
Bill
Hi Bill,
The Board has a right to take this type of action, irrespective of owner input. However, if there was considerable disagreement, the matter should have first been raised and discussed at a public Board meeting. Owners also have a right to request that an item be put on the Board agenda. Did an unhappy member do so? The Board could have been urged to take a “straw” vote as a determination of interest. The fact that an owner is forced to pay for a service he/she doesn’t use is unfortunate, but not relevant. Owners who never step foot in a condo pool must nevertheless pay for the upkeep.
I am having a lot of trouble with the association. My electric bill is due by the 10th of every month. If it is paid late there is a $10 fee attached, my bill was late I told them I would be paying it by the 22 of April. I received a letter stating my if not paid by the 20th of April I would be turned off! I borrowed the money to pay them so it would not be shut off. I could not pay my maintenance in April (it is due the 10th of April). I explained to the we are on a tight income but would postdate them a check for the 3rd of May. Now I have a letter that states “All of your Park privileges are suspended,” and I must pay by April 28th or my account will be turned over to a lawyer and I will have to pay the money to him plus my $15 late fee plus lawyer fees. I thought you had 30 days to pay a bill before it is delinquent. What can I do about them? They are required to maintain any leaks or water breaks outside the home, I have a bad leak outside at the water spicket. I asked them in February to fix it, The maintenance man capped it off so I can not use my hose, and has not been back since. What are my rights on this can they do all of the things they are doing? HELP!
I recently purchased an new ac unit and was told by the company that I did not require board approval for the wider line I need to run outside the building down from my top floor condo to the ground and attach to the ac unit. The company did cover the line with an aluminum covering. The need for the wider line was due to the January 2010 law which bans a referent and promotes a more energy efficient system. I was also told that energy efficient systems are required by law and therfore override condo docs and would not require board approval.
please advise, thanks
Condo docs take precedence over whatever a company might tell you to make a sale. Did you ask the condo’s permission in writing before making the purchase? Can the company point to specific legislation or a government ruling that you can share with your board? Is the company willing to put it in writing – with facts to back it up? That’s the best place to start.
My association wants to pressure wash our inside “courtyard” walls and then re-paint them. My courtyard is caged. I have many flowers and plants and a palm there. They us chloride and say that they will try to cover the plants, even though some of mine (jasmine) are on the wall itself. Are they required to replace them if they kill them? I spent alot of money for the landscaping and I don’t want them replaced because they are at the size that I want. Do I have the right to refuse to have them come in and do this pressure washing? Can I have someone else that I trust more to do it at my expense?
Hi Jane,
Our expert on homeowner documents, Dr. David Goldenberg, offered the following reply. You can find his latest book on homeowner association documents here.
It is it all depends on how your documents define “an inside courtyard.” If, for instance, you have a Roman-style apartment which surrounded an atrium [a courtyard open to the sky] which was sold as part of your residence and was designed for the exclusive use of the owner(s) and residents of that lair, then the board has no right to meddle. If, however, “your courtyard” actually is common ground, then … Why not check your deed and governing documents? While you’re at it, consider raising your questions at the next board meeting. Regardless of who owns/controls the courtyard, the firm power washing it normally is held responsible for replacing anything they damage, flowers, flower pots, trees, and structural elements such as benches, walls, etc.”
Is it legal for my condo association to require a renter to give out his social security number for a background check. The renter is willing to provide all necessary info and documents for a background check and a copy of a current credit check and to pay all the rent up front. He has been told he can’t rent unless he provides his social security number.
Hi Marci,
The Board and/or documents can demand it, but that doesn’t make it legal. There may be a Federal law covering this issue. The easiest way to find out is to phone the Attorney General’s Office in your state and ask. You can also insist that the Board request a letter from its attorney – at their expense – stating that it’s both mandatory and legal. Hope this helps.