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	<title>Comments on: Florida Condo Owners Association Rights Legislation</title>
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	<description>Consumer Rights, Economic Rights, Homeowners Rights, Condo/HOA Rights, Health Rights, Security Rights</description>
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	<item>
		<title>By: Dr. Joyce Starr</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-3119</link>
		<dc:creator>Dr. Joyce Starr</dc:creator>
		<pubDate>Sun, 04 Dec 2011 22:42:23 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-3119</guid>
		<description>bill cook » Hi Bill,  My colleague Dr. David Goldenberg responds: Ask an attorney specializing in defending homeowners.  It would help to first find or buy a copy of the documents given when buying their home in the future HOA.   Those will say when a HOA can be formed and how many homes have to be sold first. Those documents also will indicate who runs the show until a HOA can be formed and what rules guide that organization. Usually the developer appoints the team which controls the facility until most of the potential homes are built and sold and the rules always favor its decisions.  HOWEVER, there are limits and the developer or its appointees can change the rules applying to it if they can be persuaded to do so.  Your  state law could require the developer or its board to report financial data regularly to the homeowners and the state, and to give advance notice of proposed changes in maintenance fees. Ask an attorney residing in your state. Hope this helps!</description>
		<content:encoded><![CDATA[<p>bill cook » Hi Bill,  My colleague Dr. David Goldenberg responds: Ask an attorney specializing in defending homeowners.  It would help to first find or buy a copy of the documents given when buying their home in the future HOA.   Those will say when a HOA can be formed and how many homes have to be sold first. Those documents also will indicate who runs the show until a HOA can be formed and what rules guide that organization. Usually the developer appoints the team which controls the facility until most of the potential homes are built and sold and the rules always favor its decisions.  HOWEVER, there are limits and the developer or its appointees can change the rules applying to it if they can be persuaded to do so.  Your  state law could require the developer or its board to report financial data regularly to the homeowners and the state, and to give advance notice of proposed changes in maintenance fees. Ask an attorney residing in your state. Hope this helps!</p>
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		<title>By: bill cook</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-3116</link>
		<dc:creator>bill cook</dc:creator>
		<pubDate>Sat, 03 Dec 2011 01:34:45 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-3116</guid>
		<description>We cannot form a home owners association until 80% of the units have been sold. We have requested monthly expense statements and a copy of their tax return. They will not give us this information and have increased maintenance from $150.00 to $225.00 per month. What can we do?</description>
		<content:encoded><![CDATA[<p>We cannot form a home owners association until 80% of the units have been sold. We have requested monthly expense statements and a copy of their tax return. They will not give us this information and have increased maintenance from $150.00 to $225.00 per month. What can we do?</p>
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		<title>By: Melinda</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-2646</link>
		<dc:creator>Melinda</dc:creator>
		<pubDate>Wed, 20 Oct 2010 02:29:43 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-2646</guid>
		<description>Due to bad structural design, our condo received damage over a period of many years when water pooled &amp; leaked through a flat roof in our private courtyard area. The damage extended to the entire front wall of our condo, and is going to require very extensive repair work.  The roof situation was corrected, but the damaged wood, etc. remains.  In addition, around two years ago, the maintenance worker employed by the association removed an a/c drain while painting the exterior of our condo, and the a/c leaked into our foyer area, causing damage to 2+ sheets of drywall. Neither of these repairs has been addressed, yet we are paying almost $250/mo in maintenance fees AND are preparing to pay another special assessment for insurance (for the second time since the damage) to the tune of $800. We are beyond frustrated- even found a snake that got into our foyer because of the rotting wood. My question is, do we have any recourse?  This is ridiculous, and I have a hard time paying all of these hundreds of dollars to my association when they have done nothing toward my situation- some of which was directly caused by an error of their employee. Thanks!</description>
		<content:encoded><![CDATA[<p>Due to bad structural design, our condo received damage over a period of many years when water pooled &amp; leaked through a flat roof in our private courtyard area. The damage extended to the entire front wall of our condo, and is going to require very extensive repair work.  The roof situation was corrected, but the damaged wood, etc. remains.  In addition, around two years ago, the maintenance worker employed by the association removed an a/c drain while painting the exterior of our condo, and the a/c leaked into our foyer area, causing damage to 2+ sheets of drywall. Neither of these repairs has been addressed, yet we are paying almost $250/mo in maintenance fees AND are preparing to pay another special assessment for insurance (for the second time since the damage) to the tune of $800. We are beyond frustrated- even found a snake that got into our foyer because of the rotting wood. My question is, do we have any recourse?  This is ridiculous, and I have a hard time paying all of these hundreds of dollars to my association when they have done nothing toward my situation- some of which was directly caused by an error of their employee. Thanks!</p>
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		<title>By: Dr. Joyce Starr</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-2633</link>
		<dc:creator>Dr. Joyce Starr</dc:creator>
		<pubDate>Sun, 10 Oct 2010 15:49:48 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-2633</guid>
		<description>Hi Scott, I asked our resident condo documents expert, &lt;a href=&quot;http://www.starrpublications.com/creating_condo_or_HOA_homeowners_association_documents.html&quot; title=&quot;Condo documents expert Dr. David Goldenberg&quot; rel=&quot;nofollow&quot;&gt;Dr. David Goldenberg&lt;/a&gt;, to respond to your question. Dr. Goldenberg writes: &quot;Doubt that there’s any assured or automatic recourse IF a duly elected majority of the board voted on the matter. If there’s any recourse, s/he will find that it’s buried in the governing documents as some obscure point of parliamentary procedure. One possibility is to bring the issue up again at the next board meeting, perhaps by written petition, to see if the construction could be deferred, especially if the snowbirds are in the majority. It might be too late if the contract has a penalty clause for delays. Recalling the board, replacing it and then revising the construction contract is another possibility. One might try assembling a group snowbirds to sue the board for loss of income but that’s a slow, expensive and touchy alternative. Otherwise, don’t waste your time complaining because it won’t do any good and might make things worse.&quot;</description>
		<content:encoded><![CDATA[<p>Hi Scott, I asked our resident condo documents expert, <a href="http://www.starrpublications.com/creating_condo_or_HOA_homeowners_association_documents.html" title="Condo documents expert Dr. David Goldenberg" rel="nofollow">Dr. David Goldenberg</a>, to respond to your question. Dr. Goldenberg writes: &#8220;Doubt that there’s any assured or automatic recourse IF a duly elected majority of the board voted on the matter. If there’s any recourse, s/he will find that it’s buried in the governing documents as some obscure point of parliamentary procedure. One possibility is to bring the issue up again at the next board meeting, perhaps by written petition, to see if the construction could be deferred, especially if the snowbirds are in the majority. It might be too late if the contract has a penalty clause for delays. Recalling the board, replacing it and then revising the construction contract is another possibility. One might try assembling a group snowbirds to sue the board for loss of income but that’s a slow, expensive and touchy alternative. Otherwise, don’t waste your time complaining because it won’t do any good and might make things worse.&#8221;</p>
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		<title>By: scott schulman</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-2630</link>
		<dc:creator>scott schulman</dc:creator>
		<pubDate>Thu, 30 Sep 2010 01:45:59 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-2630</guid>
		<description>I am a condo owner and use my condo or rent it out from Dec.-Mar. (snowbird). Most of the owners in the building do the same. The board (all of whom live full time in the building) voted to start 6 months of construction on the balconies on Jan 1st 2011. Against the wishes of all the &quot;snowbirds&quot;. There was no good reason not to wait till April. Many of us have already made planes reservations, have tenants lined up etc. and today Sept 24 2009 they decide to do elective work. What recourse do I have?</description>
		<content:encoded><![CDATA[<p>I am a condo owner and use my condo or rent it out from Dec.-Mar. (snowbird). Most of the owners in the building do the same. The board (all of whom live full time in the building) voted to start 6 months of construction on the balconies on Jan 1st 2011. Against the wishes of all the &#8220;snowbirds&#8221;. There was no good reason not to wait till April. Many of us have already made planes reservations, have tenants lined up etc. and today Sept 24 2009 they decide to do elective work. What recourse do I have?</p>
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		<title>By: Dr. Joyce Starr</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-2579</link>
		<dc:creator>Dr. Joyce Starr</dc:creator>
		<pubDate>Sat, 28 Aug 2010 15:54:56 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-2579</guid>
		<description>Hi Marci, 

The Board and/or documents can demand it, but that doesn&#039;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&#039;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&#039;s both mandatory and legal. Hope this helps.</description>
		<content:encoded><![CDATA[<p>Hi Marci, </p>
<p>The Board and/or documents can demand it, but that doesn&#8217;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&#8217;s Office in your state and ask. You can also insist that the Board request a letter from its attorney &#8211; at their expense &#8211; stating that it&#8217;s both mandatory and legal. Hope this helps.</p>
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		<title>By: Marci Simpson</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-2571</link>
		<dc:creator>Marci Simpson</dc:creator>
		<pubDate>Mon, 23 Aug 2010 03:11:34 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-2571</guid>
		<description>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&#039;t rent unless he provides his social security number.</description>
		<content:encoded><![CDATA[<p>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&#8217;t rent unless he provides his social security number.</p>
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		<title>By: Dr. Joyce Starr</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-2554</link>
		<dc:creator>Dr. Joyce Starr</dc:creator>
		<pubDate>Sat, 14 Aug 2010 13:43:24 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-2554</guid>
		<description>Hi Jane,

Our expert on homeowner documents, &lt;a href=&quot;http://www.starrpublications.com/creating_condo_or_HOA_homeowners_association_documents.html&quot; title=&quot;Dr. David Goldenberg&quot; rel=&quot;nofollow&quot;&gt;Dr. David Goldenberg&lt;/a&gt;, offered the following reply. You can find his latest book on &lt;a href=&quot;http://www.starrpublications.com/creating_condo_or_HOA_homeowners_association_documents.html&quot; title=&quot;Homeowner Association Documents&quot; rel=&quot;nofollow&quot;&gt;homeowner association documents here&lt;/a&gt;.

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.&quot;</description>
		<content:encoded><![CDATA[<p>Hi Jane,</p>
<p>Our expert on homeowner documents, <a href="http://www.starrpublications.com/creating_condo_or_HOA_homeowners_association_documents.html" title="Dr. David Goldenberg" rel="nofollow">Dr. David Goldenberg</a>, offered the following reply. You can find his latest book on <a href="http://www.starrpublications.com/creating_condo_or_HOA_homeowners_association_documents.html" title="Homeowner Association Documents" rel="nofollow">homeowner association documents here</a>.</p>
<p>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.&#8221;</p>
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		<title>By: jane haskell</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-2552</link>
		<dc:creator>jane haskell</dc:creator>
		<pubDate>Thu, 12 Aug 2010 19:18:26 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-2552</guid>
		<description>My association wants to pressure wash our inside &quot;courtyard&quot; 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&#039;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?</description>
		<content:encoded><![CDATA[<p>My association wants to pressure wash our inside &#8220;courtyard&#8221; 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&#8217;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?</p>
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		<title>By: Dr. Joyce Starr</title>
		<link>http://rightsradio.com/florida-condo-owners-association-rights-legislation/comment-page-1/#comment-2516</link>
		<dc:creator>Dr. Joyce Starr</dc:creator>
		<pubDate>Fri, 02 Jul 2010 12:37:36 +0000</pubDate>
		<guid isPermaLink="false">http://rightsradio.com/?p=37#comment-2516</guid>
		<description>Condo docs take precedence over whatever a company might tell you to make a sale. Did you ask the condo&#039;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&#039;s the best place to start.</description>
		<content:encoded><![CDATA[<p>Condo docs take precedence over whatever a company might tell you to make a sale. Did you ask the condo&#8217;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 &#8211; with facts to back it up? That&#8217;s the best place to start.</p>
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