Condo & H.O.A. Law

Q. I own half of a condo unit where my sister owns the other half. We always split the condo dues; however, recentlymy sister stopped paying. May the association suspend my access to the facilities even though I have been paying my half?

A. Yes. Florida law clearly states that an owner is liable for all assessments (maintenance payments) that come due when he or she is an owner. Since you are an owner of the property, you and your sister both are responsible to the association for all of the assessments that come due.

Q. Our condo unit’s air conditioning stopped working. Since the air conditioning is the owner’s responsibility to fix in our association, I called the A/C guy to come fix our unit, which is located on the roof. The A/C guy said he observed damage to the roof that also caused damage to the A/C. I told the association about the damaged roof and never heard back. What can I do?

A. I would recommend putting the A/C guy’s findings in a letter and send it to the association via certifiedmail return

receipt requested and also by regular mail. Since it is hot in South Florida, I would have your A/C fixed. The next issue to determine is whether the association was negligent in any way in themaintenance of the roof. If the association was negligent in maintaining the roof, and due to the association’s negligence the roof became damaged resulting in damage to your A/C, then you may have a case against the association. If the association was not negligent and the roof became damaged through no fault of the association, then hopefully you have insurance that covers your damaged A/C unit.

Q. Is it the board of directors or the association’s-manager who should look out for the interests of all of the owners?

A. The management company and/or manager are tasked with certain duties, reporting to and taking directions from the board of directors. The manager should inform the board of directors about any requirements that need to be met, such as certain meeting notice requirements, and any other items that are part of the manager’s duties under

the management contract with the association. The board of directors, elected by the owners, runs the association and represents the interests of the association and its owners.

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...