Condominium Legal Questions

While I am sorry to learn that you find yourself in these difficult financial circumstances, it is the harsh practical reality that many condo associations are facing greatly increased costs for property insurance and other costs associated with compliance with recently enacted regulations that require new or additional engineering reviews.  It may also be that reserves need to be replenished in light of upcoming major maintenance issues such as end of lifetimes of roofs or other major items of work. As to inability to make the new payment, very sadly, the association has both the ability to place a lien against the unit for unpaid assessments and then to file a suit for foreclosure of the lien which could end in you losing the unit.  It is important to know that unpaid assessments can result in additional late fees, imposition of interest and attorneys fees for atttempts at collection, and these amounts continue to increase and can quickly exceed the amount of the unpaid assesments.  This means that, in the short term, not paying will cost you a lot more, and that just staying in the condo and paying when or if you sell is not a viable long term strategy. As a practical matter, those on a fixed income, especially seniors, may be eligible for benefits of which they are not aware and could help make up the difference such as food stamps, health care, discounts on mobile phone service or cable, utilities subsidies, and further information can be found at: https://www.ncoa.org/older-adults/benefits and https://www.aarp.org/aarp-foundation/our-work/income/public-benefits-guide-senior-assistance/   Your local Council on Aging may provide a wealth of information on available resources.  Other financial options may include asking for assistance from charitible organizations or family members, taking a hard look at the budget, picking up some part time hours, or even considering a reverse mortgage.   Wishing you the very best of luck in these challenging circumstances.  ... Read More

It is not clear what your situation is. If you just bought a unit in a Condo, all assessments and fees should have been negotiated as to whether they were paid by the seller or pro-rated at sale. You should consult with an attorney, as an owner you have rights but the Association has defined responsibilities.... Read More

Good morning, boy, I really hate it when condo boards do this thing. You are prevented from obtaining the service and price of your choice specially these days when there is such a plethora of streaming, internet services and thus prices. I wonder what do the boards get out of this: Uniformity in providing the same service to everybody; thus, less complication? Is there an economic incentive for the association or its board members? Is the latter illegal? I don't know but it sure is a lousy bargain for the condo owners in my opinion. I can tell you that I have seen it before although I have not investigated it. You mention the word "material alteration"? Where do you get that word from? I don't know whether it would be a "material alterarion". In my opinion, one needs to look at the declaration of covenants and to the condo statute at the very least to determine if they can do this. Is the rewiring of the complex a "material alteration"? Common sense would dictate that it depends in the work that is involved. I recently installed in my office fiber optic service. The technician was done in about an hour I'll say. I believe it went through the telephone line. In other words, it was not complex at all. Thus, it was not a material alteration. For further help, please contact the Florida Bar Association Lawyer Referral Service in your area: 800-342-8011. Ask for a condo lawyer attorney. ... Read More

First, the Board should fill the empty seats. Second, the property manager, BOD and possibly the HOA's attorney should be notified in writing regarding the violations of the HOAS bi-laws and rules and regs.  My office frequently represents common interest ownership types of properties, HOAs, Co-ops, condominiums and apartment complexes.  Please feel free to contact us with any other questions. Thanks. 203.870.6700... Read More

For most condominium associations in Florida, the rules are wrtitten in the governing documents and/or bylaws. Changes to these documents require the association to follow preceise steps to amend these documents. If the rules were changed without following proper procedure, they may be void. Furthermore, even if certain rules are changed, it is possible that the new rules would only affect new owners (the rules could be grandfathered in). An experienced attorney can review your assocation's governing documents and amendments to help advise on your Association's complaince with the law. ... Read More

In most condominiums in Florida, the Association is responsible for maintaining the common elements. These common elements usually consist of the building exterior, roof, and other building elements. As such, the Assocation is most often responsible for damage to an owner's unit caused by an exterior leak. Per the Condominium Act, the Association would be responsible for a unit owner's attorney's fees, in such a scenario. The Association most likely has insurance for such cliams. An experienced attorney can assist in reviewing your condominioum governing documents to help you address the matter, as well as getting you compensation. ... Read More

I can't think of any law they are violating. An attorney would have familiarize themselves with the condo rules and regulations and maybe even some Board resolutions to be able to find a legal mechanism to support your case.  If you would like to pursue this, you can contact our firm at 203-870-6700.  Good luck.... Read More

Hi Sandra, There are a number of requirements developers must meet before transitioning over into a Condominium Association. When a developer fails to abide by certain requirements, the filing of a lawsuit by the collective unit owners may be beneficial. Feel free to contact me with any specific questions. ... Read More

A cooperative corporation's bylaws can be very confusing indeed, especially since they may need interpretation in the context of the original offering plan, house rules, current assessments and amendments- and in this case, the contract with the management company. The only way to answer your question is to get more details and review the relevant documents. Very few lawyers know their way around these documents, as this area of law is not commonly understood by most real estate attorneys.  ... Read More