When there are delinquent owners in a condo association, everyone has to pay extra for assessments
Michael Bogen devotes his legal practice to representing hundreds of condominium and homeowner associations. Bogen, who is admitted to practice law in Florida, Washington, D.C., and Nevada, also is admitted before the United States District Court in the Southern and Middle Districts of Florida. He is assistant executive director of the Condo Council, which provides education to over 1,000 association members.
EMAIL: column@Condo Law.com We are looking to purchase a condo in an association that is dog friendly. However, not many condo associations allow pets. My husband does have a dog designated as an emotional support animal, yet, our second dog is not an emotional support animal. Must the board allow both dogs since one of them is considered an emotional support animal? If an owner or renter presents the association with a letter from their treating physician, psychologist, or social worker, which states that the owner or renter requires the dog because the owner/renter has a disability whose “major life activities” are affected by the disability, and the dog helps alleviate any affected “major life activities,” the dog should be allowed by the board. “Major life activities” include everyday activities such as eating, sleeping, walking, and other basic everyday functions. If you have a doctor’s letter for only one dog, then the board should only approve the one dog.
mortgage on my property? Legally, a reverse mortgage is treated the same as a purchase money mortgage or “regular” mortgage. A purchase money mortgage is a loan given to you to purchase the property. A reverse mortgage is money given to you in exchange for your promise to give your property to a bank once you either move out or expire. Some associations’ governing documents have provisions that require any owner to obtain prior approval from the board of directors before obtaining a reverse mortgage. As a result, there is no specific answer Imay give to you other than look for a clause in your association’s governing documents, or have your attorney analyze your association’s governing documents. We have many units that are delinquent in the payment of their monthly assessments. As a result, the board passed a budget that increases everyone else’s monthly assessments. The board stated this had to be done to make up for the shortage due to all of the delinquent units. Is this legal? If the association’s income gets smaller and smaller, the association has to get its money from somewhere. That “somewhere” is the non-delinquent owners. When there are delinquent owners, all of the other owners generally have to pay extra to make up for that shortage. Unfortunately, this has been happening everywhere.