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Florida condo owner has questions about rental process

Posted on Tue, Jan 20, 2015 @ 07:00 AM
Condo Owner has questions about rental rules in Florida Condo Association 012015 resized 600

I own a condo unit in a Florida Condo Association, and decided to rent it out for the winter season.

I sent $100 to the Condo Association Board for the background check and application process for new renters. The Board has approved the renters, but required a $2,500 security deposit to cover the common grounds area. I am aware of other condo unit owners renting, and having to pay either zero or $100 total.

I’ve argued that this was selective enforcement, after which they lowered the deposit amount to $1,250. Is this legal?  My renters are a nice elderly couple that have rented in our Condo Association the previous two years and have a perfect history.

4 Comments Click here to read/write comments

Wisconsin Condo Association member double-billed for assessments

Posted on Sat, Jan 10, 2015 @ 12:15 PM
Condo Association Member owed refund from Board 011015 resized 600

Our Wisconsin Condo Association had to charge for a roof assessments fund. We were given the option of paying for it all at once ($2,900), or monthly payments until paid-in-full.

I had paid the upfront payment of $2,900, but was still charged the increased monthly amount of $2,900! I have been reach a resolution with my Board, which is of course corrupt with currenly six other lawsuits ongoing with other condo owners.

What is my legal argument to demand or force them to release the double-billed funds? How do I demand my money back? It appears that I am the only one who has paid upfront.

5 Comments Click here to read/write comments

Condo owner requesting handicapped access at Association's expense

Posted on Fri, Jan 09, 2015 @ 07:00 AM
Condo Association member requesting handicapped access at expense of Association 010915 resized 600

I live in a private South Carolina Condo Association that was built in 1985. 

One of the condo owners is demanding that the Condo Association pay for handicapped access to his shared entrance, common areas, and boat ramp.

The Condo Association was built prior to government regulations for handicapped access.  Who should be responsible for this cost?

10 Comments Click here to read/write comments

Condo association will not credit owner who mistakenly overpaid dues

Posted on Mon, Jan 05, 2015 @ 07:00 AM
Condo Association member has overpaid dues and seeks retribution 010515 resized 600

I had recently inadvertently overpaid my Condo Association fees. When I tried to deduct the amount from another month, the Board of Directors President said they were not going to credit the overpayment since it had already been processed in the previous fiscal year.

Does anyone have any suggestions on the approach to this matter?

11 Comments Click here to read/write comments

Is there a required notifice for Condo Association Board meetings?

Posted on Sun, Jan 04, 2015 @ 07:00 AM
Illinois Condo Association member wants clarification on Board meeting notification 010415 resized 600

In an Illinois Condo Association, what is the required notice for regular Board of Directors meetings? 10 days? 48 hours?

I have spent some time searching this, but have conflicting information from different documents. Thank you!

10 Comments Click here to read/write comments

Can a BOD make the change from HOA to Condo Association designation?

Posted on Sat, Jan 03, 2015 @ 07:00 AM
BOD trying to change designation from HOA to Condo Association 010315 resized 600

My Maryland Association has 13 buildings and a total of 256 units.

Can the Board of Directors change our designation from an HOA to a Condo Association? We had always been referred to as HOA owners, but language used most recently refers to us as Condo Association unit owners. Our Declaration does specifically state than we are an HOA.

9 Comments Click here to read/write comments

How long should Condo Associations keep meeting minutes on file?

Posted on Thu, Jan 01, 2015 @ 07:00 AM
Condo Association member questions Board Meeting Minutes resized 600

Our New York Condo Association is relatively well run by our property management company, yet there is one outstanding issue.

My question is this.  How long must our Board Meeting minutes be kept on file, both for hard and digital copies?  Our hard copies date back to the 1970’s.

4 Comments Click here to read/write comments

Condo Board implementing smoking restrictions on condo unit terraces

Posted on Mon, Dec 29, 2014 @ 07:00 AM
Florida Condo Association owner questions Board restrictions on smoking 122914 resized 600

Can my Florida Condo Association Board restrict smoking on the terrace of my condo unit if it is a considered a limited common element? When I purchased my unit, the terrace was considered part of the square footage and was a limited common element. I am required to maintain the floor tile, and furniture and other terrace additions.

The Board stated during a recent meeting that condo unit owners cannot smoke on the terrace. However, there appears to be a big difference between what is deemed common area and limited common element. The Rules and Regulations state ‘smoking within a condo unit owner’s boundaries,’ whereas the Declaration states ‘a condo unit owner can utilize the terrace which is connected to the unit’. I believe this shows that the condo unit owner is within their boundaries as stated in the Rules and Regulations.

If I’m reading this correctly, the Board can only change the Rules and Regulations, and cannot override the Declaration. If this is true, they cannot tell an owner that they cannot smoke if that owner has the majority of rights to that terrace. Has anyone else come across this issue?

11 Comments Click here to read/write comments

Condo Association member has question about leasing and Bylaws

Posted on Sun, Dec 28, 2014 @ 07:00 AM
Michigan Condo Association leasing rules and ByLaws 122814 resized 600

I have a question regarding leasing in Michigan Condo Associations. Three rental leases were recently terminated by the lessee before the mandatory twelve month lease was fulfilled.

Can the condo association present a new lease for a tenant? The reason I ask is that our Bylaws specifically require a twelve month lease. Thank you.

4 Comments Click here to read/write comments

Condo Association bylaws murky when it comes to damage liability

Posted on Sat, Dec 27, 2014 @ 07:00 AM
Condo Association member questions bylaws liability language 122714 resized 600

Our Maryland Condo Association ByLaws state that, ‘With regard to Limitation of Liability, the Council shall not be liable for the failure of water supply or any other services to be obtained by the Council, or paid for out of common expense funds, or for injury or damage to person or property caused by the elements, or from any pipe, drain, conduit, appliance, or equipment.’

Does this wording mean that, even if common elements cause a problem, the condo unit at the core of the issue is not to be responsible for the damage and/or repairs? For example, assume that an upstairs neighbor’s drain is the cause of a leak, and they are responding in a passive-aggressive manner. Is the only recourse on pursuing repair to sue?

10 Comments Click here to read/write comments

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