discuss more things condo

You might want to take a look at the new BLOG of the Sun Sentinel at the
"Welcome to the best damn condo & HOA blog on the planet" at:
http://blogs.sun-sentinel.com/condoblog/2009/07/welcome-to-the-best-condo-hoa-blog-on-the-planet.html

The host is Daniel Vasquez, the Sun Sentinel columnist who authors LIVING WITH RULES: Stories, Tips and Advice on Condos and HOAs!
The latest issue is about recalls.
See: http://blogs.sun-sentinel.com/condoblog/2009/08/does-your-board-have-a-members-who-should-be-removed.html
This should make condo-anon happy.

SHOW ME THE MONEY

Does you Condo Board of Directors provide you with annual fiancial statements? Does you Board advise you of the financial condition of you Association. If not, ASK . You have a right to access the accounting and financial records of you Association. Refer to FS 718.111(12). If the Board does not give you the financial info that you ask for, the ask WHY NOT, IT IS MY RIGHT.

MAY A RENTER SERVE ON THE BOARD?

Hi All,

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The following question comes from Fran by Email; I’m sure it will raise some interesting responses by our BLOGGERS:
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“At our recent election of our association's board members one of the names on the ballot was a renter who had more votes than three other unit members and since we needed 5 board members she was elected. The elections were conducted by Seacrest for us, and the unit owner had submitted to Seacrest with the nomination form, a signed but not notarized letter giving the renter (who is a family member) authority to act as the unit owner's authorized representative. We didn't question the name on the ballot as we thought Seacrest knew what the correct requirements were. Since then we have heard that a renter cannot be a board member, but don't know if it true or not, and if the letter was legal since it was not notarized.

Thanks for any comments on this situation”.
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Very neat question Fran;
just complex enough for me to recommend that you seek the opinion of an Attorney.

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I will point out a few items from Florida Statute 718.

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I believe the letter appointing the Renter as the Unit Owners Authorized Representative is of minimal weight; Notarized or not.

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I think this issue is dealt with in the Statute, but not unambiguously:

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Hence in my opinion; your Renter is ineligible for election unless your Bylaws specifically allow for such a provision.
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718.112(2)(d)1. There shall be an annual meeting of the unit owners. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director's term shall be filled by electing a new board member, and the election shall be by secret ballot; however, if the number of vacancies equals or exceeds the number of candidates, no election is required. If there is no provision in the bylaws for terms of the members of the board, the terms of all members of the board shall expire upon the election of their successors at the annual meeting. Any unit owner desiring to be a candidate for board membership shall comply with subparagraph 3. (see below) A person who has been convicted of any felony by any court of record in the United States and who has not had his or her right to vote restored pursuant to law in the jurisdiction of his or her residence is not eligible for board membership. The validity of an action by the board is not affected if it is later determined that a member of the board is ineligible for board membership due to having been convicted of a felony.
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718.112(2)(d)3. 3. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election. Any unit owner or other eligible person (See Below) desiring to be a candidate for the board must give written notice to the association not less than 40 days before a scheduled election
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eligible person other than unit owners, would be anyone expressly permitted by the bylaws or other governing documents, e. g. corporate officers, in the case of a unit owned by a corporation, may serve if expressly permitted by the governing documents. Non-owning spouses of unit owners may serve, if the governing documents expressly permit it.
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SEE ALSO: http://www.ccfj.net/CCFJBoardmemberowner.htm#1
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Dave Israel

Changes in Condo Laws - OVERVIEW

House Bill 995 became law with the following items requiring your immediate attention.

There are penalties for breach or failure to perform Board duties both monetary damages and criminal law violation.

Anyone defacing or destroying accounting records shall be subject to civil penalties.

Association records may be made available online of in CD format.

Associations yearly financial reporting must now include disclosure of ALL under funded reserve accounts and the amount of under funding. THE LEGISLATURE ENCOURAGES FULLY FUNDING RESERVES!

If 20 percent of voting interest petition the Board to place an item on the agenda, the Board shall at its next meeting place the item on the agenda ( no longer than 60 day after the request ).

Special assessments now must include in the notice a description of and cost of the purpose of the assessment.

Units with two persons on the deed will no longer be permitted to serve on the Board at the same time.
This change becomes effective with the next annual meeting of Associations. Persons in arrears may not be eligible for the Board.

Not less than 60 days prior to the Associations election the Association shall deliver a certification for provided by the division attesting that owners have read and understand governing documents of the Association the provisions of this chapter and any applicable rules.

No Association of more than 10 units may “opt out” of the first and second notice balloting process.
Elections must therefore be conducted pursuit to chapter 718.

Proxy questions related to waiving OR reducing the funding of reserves (or use for other than the original purpose intended) SHALL contain the following in the face of the proxy: WAIVING OF RESERVES IN WHOLE OR IN PART OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.

Officers and directors who fail to pay their assessments are automatically off the Board!

Directors and officers charged with a felony theft of embezzlement involving Associations funds shall be removed from office. While such charges are pending she/he may NOT be appointed of elected as a director of officer.

Condominiums over three stories SHALL have the Condominium inspected to provide a report under the seal of an architect or engineer attesting to the required maintenance, useful life, and replacement costs of the common elements. (there is a provision that if approved by a majority of the voting interests present a properly called meeting, the Association may waive this requirement.)

NO Liens may be filed by an Association against an Owner until 30 days after the date on which a notice of intent to file a lien has been delivered, by certified mail, return receipt requested. The Association itself needs to send the letter, as they may not recover the costs associated with the attorney sending this letter.

Association emergency powers:
This section gives BROAD Board Powers to respond to a hurricane emergency. The Board will need to meet by telephone or in person in order to exercise these powers

This is intended to review some of the highlight the numerous changes being implemented by the enactment of the HR 995 2008, becoming effective 10-1-2008. The full handout is available at the UCO office. Please do not substitute this for Mr. Tennyson's views contained in the handout.

Please make certain that your Board is aware of these important changes. You may print and hand this to your Board member or pick-up the handout from UCO

Please also stay tuned, as there is another bill 601 that may be signed within the next few weeks with major changes on Insurance becoming effective almost immediately

Ed Black

CONDOMINIUM GOVERNANCE

Hi All,
The following reference is from a Comment stream in this BLOG. It is of such importance as to be put up as a unique Post:

http://www.ccfj.net/HSCOFFFINALREPORT.pdf

It is titled:

Select Committee on Condominium & Homeowner
Association Governance

Julio Robaina, Chairman

Final Report of the Select Committee
March 4, 2008

I recommend it to every Unit Owner

Dave

CMTE HEARINGS for OWNER-FRIENDLY ASSOC BILLS

From: Jan Bergemann
Sent: Sunday, March 23, 2008 5:23 PM
Subject: COMMITTEE HEARINGS FOR OWNER-FRIENDLY ASSOCIATION BILLS
URGENT!
Dear Friends, Homeowners and Condo Owners,
In the coming week the owner-friendly association bills will be heard in various committees.
It is of outmost importance that all of you and friends and neighbors write e-mails and make telephone calls in support of the bills as described on the page. I have listed all committee members of the committees and added all members on combined lists for the folks who have little time. Single e-mails are more effective!
http://www.ccfj.net/CCFJLEGSESSCOMMITTEEHEAR.htm
Please be assured that there will be something good for everybody. It is imperative that you all support these bills -- and rather write a few more e-mails than too less. We need these bills going, supported by all of you -- no matter if you live in condos, HOAs or CDDs. GET BUSY!

Don't forget to write e-mails opposing S 2470. It's bill trying to circumvent safeguards created for owners.
Bill Analysis: "The bill also authorizes the levy of special assessments without owner votes regardless of declaration, articles or bylaws. It can also borrow money and pledge association assets as collateral to fund emergency repairs without unit owner approval." THIS IS A BILL SPONSORED BY CALL !!!!!
Love your wallet? Oppose the bill! This is detrimental to your financial health!

MAKE SURE YOU TAKE THE FEW MINUTES TO GET ALL E-MAILS OUT! ANY QUESTIONS? PLEASE LET ME KNOW!
Take care, Jan
http://www.ccfj.net
http://www.ccfjedu.net/

WASHERS AND DRYERS IN YOUR UNITS

The following is extracted from the CV Q & A Forum and may be of interest to BLOG readers
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Author: Norma Maille (---.hsd1.fl.comcast.net)Date: 02-26-08 18:16

I know many have washers and dryers in their units. Did you have your by-laws changed and how hard was it to change these old by-laws?

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There are a number of interesting issues, and a bit of history is useful as background:

In the Original Declaration of Condominium, at Article XIII (Use and Occupancy) we find the following extracted language:
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“No laundry facilities or equipment shall be permitted in any unit, nor on the Condominium property. The Lessor under the Long-Term Lease shall have the exclusive right to install and operate coin operated laundry machines, including but not limited to washing machines, dryers, dry-cleaning machines and machines of an allied nature, and the exclusive right to offer services for off-premises dry-cleaning, laundering, pressing and tailoring, and other allied services, within Century Village, during the term of and as provided in said Lease”

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In other words; the Developer scoped the Laundry Facilities as a money making proposition and did not envision competition from private “in Unit” machines. Additionally, the individual Units are NOT plumbed properly for these installations.

Clearly in the passage of time, many Associations, if not all, have purchased these machines from WPRF and continued to operate and maintain them for Association benefit; and neither do the Associations brook said competition; and your Bylaws will so reflect.

Nonetheless, many have indeed surreptitiously or otherwise installed their own machines in individual Units. This raises all sorts of problems;

let’s have a look:

1) If enough Unit Owners install their own machines, the monetary support for the Association facilities dwindles and other Unit Owners must pick up the load.

2) The individual installations are often, not to code, raising significant plumbing issues; folks have washing machine “grey water” discharging into sinks, bathtubs, and commodes because they have failed to install the required Vertical two inch diameter drain pipe and trap. Enough of these illicit installations will in due course damage the plumbing system for the entire building.

3) Failure to Properly Heavy-Up the Power supply for the Dryer which poses risk of fire, not to mention proper venting of the dryer.

So; in addition to modification of the Bylaws, and Declaration of Condominium to accommodate these private installations; it is critical that all such installations be in accordance with current code and be installed by licensed Plumbers and Electricians. Additionally the impact on the entire building must be considered.
Dave

TIME FOR CONDO CHANGES

Go to http://www.ccfj.net/CCFJCVECONReport.htm

SUMMARY REPORT, FIRST NATIONAL HOA + CONDO CONFERENCE
High powered group talks about:
‘conflicts are common because associations have the power to make rules (like a legislature), enforce rules (like an executive), and resolve disputes over rules (like a judge) -- all through a board of volunteer directors, who may vary substantially in their knowledge, experience, and sometimes intent. In the absence of a separation of powers, homeowners lack vital checks and balances.’ …
+‘necessary changes to protect owners against financial mismanagement, uncontrolled spending and even clear embezzlement!’
+’ existing procedures create an environment conducive and vulnerable to election fraud’
+Dr. Rizzo talked about the fact that mismanagement of the associations and abuse of the unit owners by the directors are the most common problems in condominiums.
Lots of good references and proposed laws. I wonder how many of UCO were there.

Easements

Would anyone know if the Board of Director of an Association has the right to re assign the parking spaces of the owners in the building?

FLAGPOLES AND PAVING STONES

The following question is extracted from the CV Q & A. It is being answered here, because it clearly exceeds the current; “Tile person, Plumber, High School reunion” guidelines of that Forum.

Author: James Cobery (---.hsd1.fl.comcast.net)Date: 01-27-08 14:54

Can anyone tell me what the regulations are for a flag pole in the village? I mean either a pole in the ground or attached to the building. Also is there any regulations on putting paving stone down in the common area of the building?

Thanks

Hi James,
The Condominium Act speaks directly to the issue of displaying the Flag; it cuts thru ANY Association Declaration or Byelaw on the issue:

FS 718 .113 (4)

(4) Any unit owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.

Bolding is mine.

On the matters of Paving stones and permanent in ground or building attached Flagpoles, things become a bit more complex; Both of these projects are defined as modification to the Common Element

FS 718.113 (2)(a)

(2)(a) Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions.




On the matter of Flagpoles; once there is Association approval for said Ground based or Building based Pole, the following Planning Zoning and building Code applies:

REF. http://www.pbcgov.com/pzb/uldc/articles/Article8.pdf

Table 8.G.3.C-12 - Flag and Flagpole Standards

Flags
Maximum Number 3 flags per parcel
Maximum Ratio of Length to Height 2 to 1
Freestanding Flagpoles
Maximum Flagpole Height 50 feet
Maximum Flag Height 30 percent of total flagpole height.
Minimum Setback 110% of pole height.
Wall Mounted or Suspended Flagpoles
Maximum Height 15 feet above the highest point of the building or structure
Maximum Flag Size 6 feet by 10 feet
[Ord. 2005 – 002]

I hope that all of this is helpful

Dave