Can my condo association use special assessment funds for something other than what the assessment was originally collected for?

No. Condo bylaw (F.S. 718.116(10)) requires money collected via special HOA assessment to be used only for the purpose stated in the notice of the meeting called to approve the assessment. Upon completion of that project, the condo association must return excess monies, the condo board choosing either a refund or credit directly to unit accounts.

While the HOA Act does not have the same specific provision, most HOAs appear to follow the same restrictions on special assessment use that apply to condo associations.

What is the requirement for unit owners to maintain condo insurance?

Condo law (F.S. 718.111(11)(g)) contains two paragraphs that spell out the condo requirements. Generally, unit owners are still required to carry insurance to protect against hazards and liability. The condo association must be an additional named insured and loss payee on the unit owner's casualty insurance policy. In HOA's, there is no statuatory insurance requirement; thus, owners in those communities must check their governing condo documents, especially in townhouse communities which frequently require insurance.

Owners will want to insure their interiors because if a storm, fire or other casualty occurs, normally the condo association only repairs the walls, windows and doors. This coverage is helpful, funding reconstruction for which the unit owner is required to pay, and to provide the unit owner loss assessment coverage to reimburse some portion of special HOA assessments required to pay for common element casualty reconstruction not covered by the condo association's coverage.

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What kinds of rules and regulations do Associations regulate?

Typical covenants, codes and restrictions (CC&Rs), which govern condo associations, give the board authority to make and enforce reasonable condo rules for the use of common property. But that would not apply to interior spaces owned by smokers themselves.

A homeowners association's board of directors can restrict smoking if it applies to indoor common spaces such as hallways or recreation rooms. Outdoor spaces are a different story, say legal experts. Any restriction would probably hinge on local laws (i.e. if a city banned smoking outdoors, a condo association probably could restrict smoking in its outdoor spaces).

The 1990 Americans with Disabilities Act does not require strictly residential apartments and single-family homes to be made accessible. But all new construction of public accommodations or commercial projects (such as a government building or a shopping mall) must be accessible. New multi-family construction also falls into this category.

In all states, the Federal Fair Housing Act provides protection against discrimination for people with physical or mental disabilities. Discrimination includes the refusal to make reasonable modifications to buildings that aren't accessible to the disabled.