Condo Association Management Blog

Condo association needs engineering study - Florida law

Florida law will require Engineering Studies to be completed for all condo association buildings. We have 2 buildings, 116 condo units. Any idea on how much this would cost, how far should we go with the scope of the engineering study, and how do we go about hiring a "reputable" firm to complete a thorough study? Thanks.

Property manager accused me of being a racist landlord

I was presented with the possibility of renting my condo to a person that has bad credit. I agreed to do so by giving the tenant a monthly rental contract and requested the age and race of the person wanting to do so. The property management company accused me of racist and breaking the law for requesting this information but mostly it appears that the monthly contract was something he did not want to do. Is it unlawful to request this information when you are giving a break to a person with bad credit?

Condo Association Reserve Funds: Use and Regulations

Regarding Reserve Funds: Can the Condo Association Board utilize reserve funds to make needed improvements? Can one reserve fund by reallocated to another to accomplish the improvement? Does the majority of the condo association need to vote to re-allocate funds or can the Board re-allocate the funds as needed without a vote if they make the condo association aware at a monthly meeting? I'm a Florida Unit owner and am not fully aware of the FL 718 statutes or the Florida Administrative Codes regarding use of reserve funds

Condo association's history effects its corporate structure and operations

We recently bought a condo in a large gated community association. We just learned that there is a 66-unit lease-hold apartment complex within our gates at our entrance (the land on which it sits is owned by a man in Hong Kong). They share our community facilities for a monthly fee per apartment unit. The problem: the apartment corporation is allowed to participate in our membership voting as if it belonged to our Condo Owners Association. They don't.

The County identifies their building as an apartment. Before 1991, 396 condos were noted in our Condo Association bylaws. In 1991, that count was increased by 66, the exact number of the apartment's units. Long-time owners report that in 1991 a large bank foreclosed on the apartment. That bank sued each condo owner individually. It would drop the lawsuits if the owners voted to annex the apartments. So they all did. The bank wanted a controlling voice in the Condo Association's fees charged for use of common areas. With 66 votes, they threatened to removed Board members if they didn't vote the way the Bank demanded. My question is, now that we know the situation, how can we get the apartment complex removed from the voting process without it costing a fortune in legal fees? How do we get our condos' total number corrected back to 396?

Our condo association bylaws definition of a condo clearly matches the legal definition pursuant to California code. The apartment building doesn't meet the definition. Because they are now part of our total numbers, our rental rate is too high. No HUD/FHA loans are allowed. We definitely need advice. Help.

Condo association issue with leaking pipe. Who is responsible for repairs?

Water is leaking through my bathroom ceiling from the condo unit above me. It appears to be a pipe in between our units. Who is responsible for repairs, my neighbor or the condo association board? Is this a condo association insurance matter?

How does condo association fire a property manager?

We, as unit owners in our condo association are disgusted with our property management company. I've heard of "disbarment docs" for firing the property managers, yet don't know where I can info..or what it actually means..please, any help would be great.

Understanding Fannie/Freddie loan rules and small condo building occupancy

I live in a four unit condo building. I have lived here for 14 years and 2 years ago purchased a larger second unit which is now my residence. My initial condo unit is now rented as is one of the other units in the condo association building.

The fourth unit in the building has recently gone under contract and it has come to light that with the changed freddie mac / fannie mae laws, the loan for the potential buyer is challenged on two fronts.

The first is that 1 entity owns 50% of the building and the second is that 50% of the building is now rented. If I understand correctly lenders will no longer lend given this scenario. It has been suggested to me that I file a Quitclaim deed on one of my units which I fear may have negative implications for me and it has also been suggested that there may be a way around this in the small world of non-conforming loans.

I have consulted lawyers, mortgage brokers, real estate professionals and my accountant and I don't yet have a firm answer. Is there a known way around this? Is there any kind of exception for buildings with less than 20 units as these loan laws/rules are clearly problematic? Thank you.

Pet rules in HOAs and condo associations

The HOA complex that we just moved into allows pet as long as they are under a certain weight. Apparently they imposed a rule on the homeowners that if you are renting the renters cannot have pets. Can they impose that rule on the homeowners but still allow everyone else to have pets as long as they are the owners of the condo?

Is a reserve study required for a condo association or HOA?

Our condo association board has added the cost ($3000.00) for having a Reserve Study in our budget for next year stating that it is "required by the State of Florida". I have been told that we are not required to have done because we are only a 2 story condominium complex and while it may be a good idea to have a reserve study performed, it is only required for buildings 3 stories or higher. Would someone please clear this up for us and is $3000.00 a reasonable rate for a 2 story, wooden structure, 80 studio unit complex with 1 pool & small club house?

How much does a reserve study cost?

How to stop needless HOA spending on projects?

Our HOA Board wants to build a new building attached to our open area cabana. The capital cost will be around $150K. This is new construction. Many in the HOA community are against it in the poor economic environment because it will require an assessment to build this. The HOA board (3 persons) are stating that they do not need member approval to do this. The room will be 30' x 24' which seems small to me for a community of 160 homes. They claim maximum occupancy is 70 persons which seems high. They want to install a kitchenette and a granite bar area which will use up some of the room. Can we stop this needless spending when more than 50% of the condo community do not want this area. Many are seasonal people and would not use it.