Florida law: Assessments collected by condo associations must be based on percentages stated in the condo documents

Q.

I own two units within the same association, and am delinquent in the payment of my assessments in one unit, but not the other. The board recently voted to suspend my use rights to the clubhouse and facilities because I amdelinquent for one of my units. May I still use the facilities because I amnot delinquent in my second unit?

A.

No. Florida law specifically states that units owned by a single owner are affected by the delinquency of just one unit in regards to the suspension of use of facilities such as a clubhouse.

Q.

I keep getting different answers. Does a condo board have to respond to a request for information from an owner within 10 days or 30 days?

A.

It depends on what you are requesting from the board. There are two different types of information you could request. First, you could request access to the official records, or in other words, a document request. An association must provide access to the official records within 10 business days from when the association receives the request. Second, you may make a “written inquiry” to the association, which is a list of questions rather than seeking actual documents. The association must respond to your written inquiry within 30 days from receiving your written inquiry by certifiedmail return receipt requested. If the association must obtain a legal opinion, then the association has 60 instead of 30 days to respond.

Q.

The board in our condo association recently passed an assessment to decorate the lobby; however, each owner’s payment is different. Those who own a larger unit must pay more. This isn’t fair since the size of our unit has nothing to do with the lobby. Is this legal?

A.

Under Florida law, assessmentsmust be collected in accordance with the proportions or percentages stated in the association’s declaration. It may be possible that a condo association created before 1996 has language in its declaration that each owner pays the same amount in its assessments regardless of the size of the unit; however, any condo association created as of Jan. 1, 1996 or later must state in its declaration what percentage interest each owner shall have in the associa- tion’s common elements. Based on the percentage stated in the declaration, the association would then apportion the assessment to each unit resulting in different assessment amounts for each owner.