Condo Association Management Blog

The association is responsible for any repairs to the building from the paint inside your apartment outward. In other words, anything behind the paint on your walls. This includes the doors and windows, and the pipes between the walls etc. Call the Florida Ombudsman's office, they are extremely helpful and informative http://www.bpr.state.fl.us/condos/index.shtml. As far as I know, the reserve money can only be used for that for which it was earmarked (i.e., roof money can only be used to repair the roof); however, I believe if it is an emergency the reserve money can be 'borrowed' from that fund to replace the doors. The Ombudsman can help you with this as well. Make a list of questions prior to calling and get it all done at once. Good luck!

Do check your documents...our association would treat this situation the same way as yours because our documents specify that doors and frames (and windows too) are the responsibility of the individual owner. I assume that it's too late to go after the developer for what may be an original construction defect. You might suggest to your Board that they make an arrangement with the Association's bank to provide some type of lower cost financing to the owners if your documents say that doors are the owner's responsibility. Good luck.

The new law in the state of Florida states that the associations are now responsible for everything which I outlined above. Bear in mind the age of your documents, the new law supersedes outdated condo documents and by-laws.

Good question. Coincidentally, I posted an article on my blog earlier today having to do with the repair vs replace subject with respect to using Reserve Funds. See http://tinyurl.com/3xjb7fv 
 
In this case, remember that Reserve Funds are collected and designated for a particular purpose, and most associations don't even have enough Reserves for those designated projects.  
 
Paying for unanticipated common area expenses from the Reserve Fund may avoid an immediate special assessment, but due to depletion of the Reserve Fund doing so may mean higher Reserve contributions next year or special assessments in future years.  
 
Finally, remember that it is not a question of homeowners vs the association. Homeowners are the association! The only money the association has to pay for things is money homeowners have previously given to the association.

All though some of these comments are helpful, I find that others are not. 
 
In my association and this was before we changed over to management service, all they cared about was paying the normal bills, electric,(only for the parking lot and hallways) water (only for the laundry rooms), garbage, and insurance (main policy). Whenever they were contacted about repairs we were always put on hold. Towards the end which was the final straw in March when we all got together and voted them out and management service in, did we learn that $17,000.00 was not in our account due to them letting people skip on the dues. Yes maybe it was tuff these last couple of years, but our condo dues are low and most of our units are just about paid off as most bought them in the 80's. Now as for the windows they paid for, as for the doors, thy are still hanging by a thread, as for the patios they are showing signs of wear and they have pushed it off on to us to repair. Patio doors original ones are theirs, if you relaced them with others then it's your responsibility.  
 
Every state is different and every state I see has the same problems no matter what the rules are and I have grown tired of waiting for some answers. I thought management was a good idea and so did everyone that voted for them, but the past president (whom says she stepped down) but management is keeping her on for some reason is still calling the shots and still not being truthful to us unit holders. Management has not returned phone cals to 3 of us might I add, so where do you turn? My only recourse is to try and sell out before my property goes downhill and I won't be able to sell. So good luck with your association cause with what I just stated and swearing on a stack of bibles, you will need that luck! 
 
I hope you find peace within, I know I will never ever buy another condo.....These pople cannot be trusted. The only thing they are good at is lieing to you face. Have a Good day!

I am not familiar with Florida condo laws, but my HOA (I am the treasurer) faced a similar problem in that we had a significant construction failure not covered by reserves because we have to repair a component that should have had an indefinite life. We had no choice but to approve a special assessment because no other money was available to pay for the work. We were able to obtain a construction loan from our bank, and when the project is complete, each homeowner has the option of paying cash for their portion of the project, signing a personal loan with the bank, or some combination of the two. If you take the loan, you can prepay without penalty.

Since this scenario is rooted in a structural problem, F.S. 718.111(11.f.1) would suggest that your Association should have coverage for this under their insurance policy. In the ordinary course of business, tiles are the owners responsibility, but this isn't the case here. Applicability of Reserves depends on what they were established for, and ultimately may require an additional assessment if this type of repair wasn't anticipated. I'd focus on the insurance coverage, the Associations and also your own homeowner's.

After reading the replies to my post and researching the Florida Law, I find that the law says that the Condo Association, under the new laws are responsible for the doors and windows even though my condo documents say I am responsible for the upkeep and maintenance of them. The replacement of the doors that are removed by the association to perform the repair work due to the failed re-rod in the concrete are the responsibility of the Association. 
 
 
 
In 2008 Legislative Changes ( I have edited this down to what pertains to my situation) were passed. There have also been changes to the Florida Condo Laws previous to this that address doors and windows and who is responsible for them. 
 
 
 
During the 2008 legislative session House Bill 601 was passed. The language in the revised Florida Statute 718.111 (11)(j) states the following: 
 
(j) Any portion of the condominium property required to be insured by the 
 
association against casualty loss pursuant to paragraph (f) which is damaged by 
 
casualty shall be reconstructed, repaired, or replaced as necessary by the 
 
association as a common expense. All hazard insurance deductibles, uninsured 
 
losses, and other damages in excess of hazard insurance coverage under the 
 
hazard insurance policies maintained by the association are a common expense of 
 
the condominium, except that: 
 
1. A unit owner is responsible for the costs of repair or replacement of any portion 
 
of the condominium property not paid by insurance proceeds, if such damage is 
 
caused by intentional conduct, negligence, or failure to comply with the terms of 
 
the declaration or the rules of the association by a unit owner, the members of his 
 
or her family, unit occupants, tenants, guests, or invitees, without compromise of 
 
the subrogation rights of any insurer as set forth in paragraph (g). 
 
 
 
718.111 (11)(j) deals with insurance but clearly is the Florida legislature's atempt to clarify what is and is and is not the responsibility of the "Associations". There is other Florida law that states that regardless of when the documents were produced and what they say that the newer Florida law replaces or overrides the old Condo Docs. Therefore 8.2.1 in my Condo Docs has been overridden by changes in the State Law and those portions of the limited common elements are the responsibility of the association, however the owner is still obligated to maintain the windows and doors in good repair under the owner's usual wear and tear and general upkeep obligations. 
 
 
 
How much the Board will fight this and to what extent someone will have to go to make them pay is another matter. They can refuse until the court tells them to pay. This will cost the condo owner a lot of money even though he is right. 
 
 
 
The problem now is what the association has said. They are threatening that if they have to pay for my doors that they will replace everyone's doors and assess the condo owners under a special assessment and I will have to pay anyway.  
 
 
 
The question is can they decide to replace all the doors to keep from using association reserves and make all the owners pay.  
 

This is a follow up to an earlier post on who is responsible for replacement of doors and windows in a condo in Florida that raises another question. After reading the replies to my earlier post "Why isn't condo association using reserves to pay for repair work?" and researching the Florida Law, I find that the law says that the Condo Association, under the new laws are responsible for the doors and windows even though my condo documents say I am responsible for the upkeep and maintenance of them. The replacement of the doors that are removed by the association to perform the repair work due to the failed re-rod in the concrete are the responsibility of the Association. In 2008 Legislative Changes ( I have edited this down to what pertains to my situation) were passed. There have also been changes to the Florida Condo Laws previous to this that address doors and windows and who is responsible for them. During the 2008 legislative session House Bill 601 was passed. The language in the revised Florida Statute 718.111 (11)(j) states the following: (j) Any portion of the condominium property required to be insured by the association against casualty loss pursuant to paragraph (f) which is damaged by casualty shall be reconstructed, repaired, or replaced as necessary by the association as a common expense. All hazard insurance deductibles, uninsured losses, and other damages in excess of hazard insurance coverage under the hazard insurance policies maintained by the association are a common expense of the condominium, except that: 1. A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds, if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of any insurer as set forth in paragraph (g). 718.111 (11)(j) deals with insurance but clearly is the Florida legislature's atempt to clarify what is and is and is not the responsibility of the "Associations". There is other Florida law that states that regardless of when the documents were produced and what they say that the newer Florida law replaces or overrides the old Condo Docs. Therefore 8.2.1 in my Condo Docs has been overridden by changes in the State Law and those portions of the limited common elements are the responsibility of the association, however the owner is still obligated to maintain the windows and doors in good repair under the owner's usual wear and tear and general upkeep obligations. How much the Board will fight this and to what extent someone will have to go to make them pay is another matter. They can refuse until the court tells them to pay. This will cost the condo owner a lot of money even though he is right. The problem now is what the association has said. They are threatening that if they have to pay for my doors that they will replace everyone's doors and assess the condo owners under a special assessment and I will have to pay anyway. The question is can they decide to replace all the doors to keep from using association reserves and make all the owners pay.

I raised the question earlier of whether this damage and repair were covered by either the Associations' insurance or your own Homeowners. 'Seems like it should have been. 
 
I don't think the threat of replacing everyone's doors is constructive or necessarily applicable. Obviously your neighbors who have functioning doors won't see the necessity for that extreme measure or out of pocket expense. 
 
I'd still like to have seen insurance pay for the repairs. In the absence of that, I could rationalize your door being replaced as a common expense of the Association.  
 

I have asked the Association to ask if this is covered under our policy.

First, the tile is not their responsibility because it is most likely not covered in their insurance, nor is it required to be. Therefor the cost of tile removal is the responsibility of the unit owner, as much as that stinks. 
 
Second, the way I understand it, the cost of the sliding glass door is now their responsibility... you shouldn't have to pay anything. With that said, I have seen many Associations still sticking to their guns on not paying for sliding glass doors and when challenged are defeating the unit owners. I'd like to see more case study on this newer statute... but for the time, the best thing you can do is first contact your Association's Attorney. If they are non-responsive, hire your own attorney but be sure they are intimately familiar with Florida Condo Law. 
 
Josh Porter 
Consult Engineering, Inc.