Condo Fees, Condo Assessments: HOA/Condo Rules and Your Rights

Condo and HOA rules on homeowners association fees & homeowners association assessments. Who controls condo/HOA financial decisions?

I receive weekly questions from condo association and HOA members regarding condo rules, condo fees and condo assessments.

These questions are answered in detail in our Homeowners Association Defense Kit or in specific special reports offered on StarrPublications.com. Answers may differ depending on your condo association documents or HOA documents, your state and of course, your personal situation.

The problem arises when condo association or HOA members are already involved in a bitter dispute with their condo board or HOA board over failure to pay condo fees or condo assessments – and when a simple black and white answer will not suffice.

At this point, we typically move into a one-hour consultation. In 99 percent of the cases, an hour is sufficient to address – and often put an end to – the problem.

Here is a short list of common questions on HOA/condo association rules and HOA/condo association policies on fees and assessments. You can find the answers here:

1. Condo Associations: How are condo associations and HOAs established and managed?
2. Condo Rules: Who approves condo association financial decisions?
3. Condo Association and HOA Fees and Assessments: What are condo and HOA policies on fees and assessments?
4. Condo Fees: Are condo boards and HOA boards required to collect condo fees when the amount is in dispute?
5. Condo Budgets: What are the budget responsibilities of the condo Association or HOA?

To your condo rights and HOA rights.

Learn how to protect your homeowner rights here.

Breaking News: Florida HOA Survey Demolishes Anti-Reform Arguments

Florida HOA Survey Demolishes Anti-Reform Arguments: You heard it first on Rights Radio.com.

Midnight tonight is a critical time. An important survey of homeowners in Florida HOAs goes on-line.

The survey asked Florida HOA homeowners and non-owners with different roles in those organizations if they were in favor of or opposed to each of 14 proposed reforms to Florida Statute 720 which governs those associations. The well-known Cyber Citizens for Justice, Inc. [CCFJ] sponsored that study.

How to Recall Your Board

It’s an important study for several reasons. It’s the first reliable one on the subject with over 1,000 valid responses from all parts of the state. It provides broad and deep coverage of the issues and presents its findings clearly in nontechnical terms.   

Perhaps most importantly, CCFJ’s report demolishes the anti-reform arguments so often raised in the past. No one can ever again truthfully assert that reforms aren’t wanted. Nor can opponents of reform honestly claim that HOA owners aren’t willing to pay for an independent agency with enforcement powers to regulate HOAs in Florida. Nor can anyone say with a straight face that only a few vocal malcontents in South Florida want some reforms but everyone else is satisfied with the way their board of directors runs their HOA. This study’s rigorous statistical analysis proved that there’s less the one chance in a billion that any of those claims is correct.

Last week Jan Bergemann, President of CCFJ, shared some highlights from that survey with our Rights Radio audience. (You heard it first on Rights Radio!)

What isn’t well known is that Dr. David Goldenberg, author of one of our best selling books – Creating Home Owner & Condo Association Documents and the author of our best selling special report “Ten Steps to Recall Your Board” – analyzed the data from that survey and wrote the report which appears on-line and is available in hard copy from CCFJ.

Dave’s analysis uncovered a number of interesting facts in addition to those mentioned above or by Jan on last week’s program. For instance, people from all over Florida were strongly in favor of every proposed reform by 75% to 96%! Naturally this result varied by the specific reform and across five sets of respondent traits, namely: Interest or role in the HOA, gender, membership or non-membership in CCFJ, region and whether or not the respondent made a comment or identified which reform was most important to him/her.

Two remarkable outcomes of Dave’s analysis are solid proof that: homeowners views on reform differ significantly from those of their boards of directors and that the directors have a strong and consistent bias against reform. The latter point means that conclusions drawn from prior studies by lobbying groups such as CAI [representing Community Association Managers], and CALL – CAN [representing law firms serving HOA boards] could be open to question on several counts – including the use of undersized samples.

You owe it to yourself to read this important study.

You can access the complete survey here and Jan’s comments on the survey here.

To Your Empowerment!

Dr. Joyce Starr

Your Homeowners Association Rights: Condo Rights & HOA Rights

Dr. Joyce Starr – Your Condo Coach – HOA Coach. Homeowners Association Rights: Condo Association Rights & HOA Rights -Florida Condo Act FS 718 – Florida Law H 995.

Do you have a condo rights problem. Contact Dr. Joyce Starr – Condo Coach – HOA Coach at 786.693.4223 or visit StarrPublications.com for condo rights and HOA rights books and special reports.

Topic: Important changes to Florida Condo Act FS 718 resulting from the recent passage of Florida Bill H 995.

Show Date: SEPTEMBER 24, 2008 at 5:00 PM.  Join our mailing list on the right-hand sidebar to receive instant notification about future homeowner association rights broadcasts.

Guest: Jan Bergemann, President, Cyber Citizens for Justice, CCFJ.net. Back by popular demand, Jan Bergemann discusses condo association board candidate eligibility and certification.

He will also discuss the soon-to-be released CCFJ HOA REFORM SURVEY.  Although final survey results are still being tallied, Jan provides important highlights. Condo & HOA owners demand reforms, especially regulatory agency enforcement reforms and increased accountability for the people in charge.

The plunging housing market and roller-coaster stock market demonstrate that owners are being misled when told that condo associations and HOAs inherently protect property values.

To the contrary! Numerous condo associations and HOAs create a serious financial liability for their association members.

The many foreclosures and empty homes/units create a crippling financial burden for responsible owners. Associations have to raise the monthly fees and levy special assessments to cover the budget shortfalls caused by foreclosed and empty homes.

This results in greater financial strain on owners whose finances are already overburdened – causing more families to lose their homes!

How to Listen to the Show! Click the play button below:

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

Protect your Homeowners Association Rights with our
Homeowners Association Rights Defense Kit

To your empowerment!

Dr. Joyce Starr

HOA Pet Gate Case Gone Amuck

Tied to HOA Gate: HOA Violations Gone Haywire. I want to share an email I received from a valiant HOA member who literally tied herself to a gate in defense of the right to protect her dog. Hopefully, her experience will assist other HOA members confronting arbitrary and vindictive violations.

Hi Joyce,

Thank you for your support. It was an unbelievable battle, and I still have many wounds. My ‘fight for justice’ has affected my personal and public life negatively. It all began when I had a serious fall out of my wheelchair on 1-27-08. As I was trying to open the door while holding my young Lhasa Apso dog back, so that he wouldn’t get out the door, I literally "fell on my face." I went to the emergency room at Blake Medical Center for emergency services, which included X Rays of my head and facial bones. The cost of that visit was $948.00 and I soon had a black eye and the right side of my face was swollen and bruised from my hairline to my chin.

Needless to say, my co-owner Jim was upset. I had previously injured myself in other similar instances. He decided to "fix the problem," and I told him that I was allowed to make my home accessible through ADA. Jim installed a dog gate in the patio area to keep the dogs safe and secured. They could easily access the patio by a doggy door in the living room.

Everyone knew that I did not personally do the work and install the gate, but I was given a "Violation" in my name only. I was ordered to take the gate down by an attorney who represents our management company and three Board of Directors members. I am treasurer of the board and knew nothing about the intention to issue me this violation; another director hadn’t been consulted either. I quickly learned that ADA covers public property only. HUD manages private property. I contacted the Florida Commission on Human Relations. I felt they were showing me blatant discrimination.

I was a coordinator of the Peer program at the Metropolitan Center for Independent Living, MCIL, before I moved to Florida in 2001. I was familiar with the rights of People with Disabilities, PWDs, through ADA, etc. Norm Coleman was the mayor of Saint Paul, MN when I was about to move. I was on the Mayors Advisory Committee for PWDs since 1994: he is now a MN Senator. As I was preparing to move, Mayor Norm Coleman proclaimed Feb 21, 2001 "Linda Lattin Day" for all my work and contributions that I gave to all people in the city. I was very honored: I thought you had to be dead to have a day dedicated to you!

In an unbelievable amount of emails from the board ordering me to take the gate down, the president said: "There is no way this is a case of discrimination. If anyone should feel harassed it is Ellen and I who keep getting the ADA thrown in our faces. All you had to do is consult the board. And if we let board members go ahead and do things without following procedure, what does that say to the rest of the community? Procedures still need to be followed, even by people with disabilities. You have gone ahead and had work done on your unit without getting approval (that probably would have been if all the facts and reasons had been given) and then cried discrimination. It is what gives people with disabilities a bad name."

On 6-25-08 the Respondents: three board of directors & the management company agreed to "ensure to the best of its ability, that its policies, performance and conduct shall continue to demonstrate a firm commitment to the Florida Civil Rights Act of 1992, as amended Sections 760.20-37, Florida Statutes, (2005) and the Civil Rights Act of the United States (42 U.S.C. 1981 and 1982 and 3601 et. seq.)

They "agreed that Board members, employees, agents and representatives shall continue to deal in an equal and impartial manner, without regard to race, color, religion, sex, national origin, handicap, or familial status, with all persons making inquiry for rental and/or purchase, and with any buyers, prospective buyers, tenants, prospective tenants, application for rental or purchase, and all persons enjoying, or seeking to enjoy residency and services and privileges afforded therewith."

"It is understood that this agreement does not constitute a judgment on the part of the Commission that did nor did not violate the Fair Housing Act of 1983, as amended, Section 760.20-37, Florida Statutes (2002). The Commission does not waive its rights to process any additional complaints against the Respondents, including a complaint filed by a member of the Commission."

"Respondent agrees to waive and release any and all claims against the Complainant with respect to any matters which were or might have been alleged in the complaint filed with the Commission or with the United States Secretary of Housing and Urban Development, and agree not to institute a lawsuit based on the issues alleged in these complaints under any applicable ordinance or statute in any court of law appropriate jurisdiction as to the date of this Agreement." and so on, and so on.

Their reason for giving me the violation was "because she didn’t ask."

The "Conciliation Agreement" includes "Complainant agrees to refrain from making false, defamatory, or disparaging comments, in any manner or medium, including the painting of messages on her vehicle, about the Condominium Association, Inc.; any member of it’s Board of Directors; Condominium Management Services, Inc.; or any employee of the Condominium Management Services, Inc. regarding the issues raised in her complaint, or the issues that could have been raised in her complaint."

I have quoted the "Conciliation Agreement; FCHR No.: 28-92497, HUD No. 04-08-0807-8 directly. I am not making false, defamatory, or disparaging comments.

Ultimately I wish I could afford to buy a home elsewhere and leave the respondents in my dust, but I live on my SSDI, which is below the poverty level, and I feel lucky to have a home!

Thank you for your kind words and thoughts.

Sunshine & Smiles,
Linda L. Lattin