if rules in condo bylaws are not followed does that make them null and void???
May 03, 2012
Steven Daily: ...
Hi Margaret, Your terminology is not quite correct, but there is something to your idea. If a condo bylaw or rule is repeatedly not enforced despite clear violations, the association may be deemed to have waived its right to abruptly begin enforcing the bylaw. The legal doctrine is known as "waiver" or "estoppel." This is why it is so important for condo boards to be consistent in their enforcement, or to get rid of the bylaw or rule that is not being enforced. I hope this helps.
May 03, 2012
The condos are in Florida and our condo manager has bought a condo that was in forecloser. She has a real estate license, is that legal to be a manager and by property in our association?
June 12, 2012
If By-Laws and amendments to By-Laws are not recorded with the register of deeds, are they legally valid?
September 11, 2012
Can a condo treasurer present the end of year budget with grouped amounts as miscellaneous office expense 4250.00 and miscellaneous income 20000.00? The homeowners are requesting line items and he said he can do the budget any way he decides. Is this true??
November 04, 2012
Danielle Alexander: ...
Hello, Can a condo association fine you for violations of my tenant with no proof? For instance, I have a bullying President of our condo assocation that has fined me 7 times with my new tenants this year. The old tenant was fined several times until the assocation asked me to evict the them. The case now is that the President states he has recieved complaints of issues like my tenant stealing furniture, drinking in common grounds, and even throwing parties. This sounds like teenagers, however the tenants are senior citizens, age 62 & 56.
November 16, 2012
Danielle Alexander: ...
Hello, Can a condo association fine you for violations of my tenant with no proof? For instance, I have a bullying President of our condo assocation that has fined me 7 times with my new tenants this year. The old tenant was fined several times until the assocation asked me to evict the them. The case now is that the President states he has recieved complaints of issues like my tenant stealing furniture, drinking in common grounds, and even throwing parties. This sounds like teenagers, however the tenants are senior citizens, age 62 & 56 and there is no proof. No police reports and the next door neighbors have admitted to no complaints of noise ever. What can I do in this case?
November 16, 2012
Deborah Walsh: ...
In response to a bullying association and condo board, I am experiencing the same thing and there seems to be nothing I can do. Truimped up charges are always brought about my co-owner that are totally untrue and when we get a letter from the attorney for the Board they say we will have to get an attorney if we disagree. Isn't there some orgnaization that can help Florida condo ownrs. Elderly people are being bullied and the condo boards are being bought off by the mangement companies so they can keep control. Something has to be done.
December 06, 2012
margaret anne tennant: ...
is there an organaization that can help Florida condo owners deal with nazi Board members who wield power unfaily with going into legal fees?
January 10, 2013
Melissa Weill: ...
Margaret, there is the Florida Division of Condominiums, Timeshares, and Mobile homes, which might be able to assist you. You can go to their website by typing in their title. They offer a lot of information for condo owners and boards right on the site, as well as contact info if you need to speak to a customer service representative. They do not have jurisdiction to enforce every aspect of condo law, but they may be able to assist you with your particular issues. Check them out.
January 21, 2013
Our association paints the exterior of the condos every 7 years. Last winter a paint committee was appointed to make recommendations for the paint and trim. There has been a question as to whether paint is maintenance and as such the board can make the final paint selection or if there needs to be 75% of the residents agreeing to change from the current color(white) and then a majority to select from the 3 choices given to the board..
January 28, 2013
are the laundry facilties of a condo considered an amenity. the condo has always had a minimal charge for the laundry facilty. according to 718 an amenity cannot have a fee. the condo is been in Fl. since 1974
March 07, 2013
Janet Leinberger: ...
Our declaration states: 16.1 Proposal: Amendments to this Declaration may be proposed by the Board of Directors or by written petition signed by at least fifty-one (51) percent of the voting interest of the Owners in the Condominium. 16.2: Procedure: Upon any amendment or amendments to this Declaration being proposed as provided above, the proposed amendment or amendments shall be submitted to a vote of the Owners in the Condominium not later than the next annual meeting which for proper notice can be given.
My question is: A petition signed by 214 owners, with a voting interest of 336 was submitted to the Board requesting changes to the declaration to allow all villa owners to have the same right to construct a patio adjacent to their villa. The vote concerning the above to be included with the annual December ballot. The Board rejected the petition and motioned and voted for a committee to develop more precise language. They said it would only be placed on the ballot if they accepted the committee's language. Is the Board in violation of the Declaration? If they are not in violation at this time, will they be in violation if the patio vote is not placed on the ballot in December? We are asking that the use of the common element be changed but not the ownership. Material alterations to common element is subject to a two thirds vote in our Condominium. The patios are not to be an addition to the villa. They cannot be attached nor owned by the villa owner. We have several patios in our condominium that were done during a time when the rule was not being enforced. The board at that time "grandfathered" the patios and then began reinforcing the rule. Can you "grandfather" something that was a material alteration to the common element?
March 31, 2013
Louise Michaels: ...
What legal recourse does the Condominium have against an owner that violates the bylaws or rules regarding the weight of a dog ?
May 28, 2013
Mircea Balean: ...
Can the president of the condo association with 248 apts be also the tresurer?
June 04, 2013
Steven Daily: ...
Louise, Check the condominium bylaws and rules for what the enforcement procedures or penalties are for violations. Among the remedies would certainly be a court order barring the pet from the premises, however.
While not ideal, it is not uncommon for small organizations to have the same person in multiple officer roles. Check your condominium bylaws for any restriction on this, but there likely isn't any.
Steve Daily LawServer.com Stev
June 06, 2013
Mark Roska: ...
question can a recalled board member rerun in the next years election
August 17, 2013
Deborah Banker: ...
Can condo association evict my disabled tenant who uses a service dog because another condo owner has made undocumented complaints about the service dog?
August 17, 2013
We have rules for owners renting their unit, but can not find any documents as to the behavior of the renter, in particular the renter having multiple guests. Should theowner cover behavior in a rental agreement?
October 04, 2013
Is there a new ruling for Condo 718 that states our Association can no longer print and publish a telephone directory to the owners? Our new Board insists that we can no longer distribute the phone directory and/or newsletters of send out electronic newsletters under the name of our community. Please advise.
November 21, 2013
The original documents that most of us bought under set "no pets and children under the age of 15". Both have obviously been changed with no vote of owners. The first "pets" we have found people have downloaded a letter supposed to be drawn by a doctor stating that without the pet "death is eminent". We found the letter to be downloaded and copied and the official signature forged. What can be done legally? If someone approached a board for possible renting the rules are explicit and the decision is in the hands of the "possible renter. Yes he follows the rules or no turns down the possibility of renting because they cannot live those rules and moves on. Why is it different in a condo?
December 31, 2013
Susie Miller: ...
One board member has said that according to 718, all board members can not be emailed at the same time, as this constitutes a quorum and needs to be advertised as a meeting.