Condo & H.O.A. Law

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

Q.

Our condo association each year has an owner vote on whether to completely waive having reserves or just partially funding our reserve accounts. This year, our board decided to fully fund the reserves without having any owner vote. What can we do?

A.

Under Florida law, an owner vote is only required if the reserves will be waived, whether fully or partially. Otherwise, Florida law requires that the reserves be fully funded.

Q.

Notifications from our board and manager for our condo association are sent to the owners via email. Since the association uses the owners’ email addresses for official notices, am I able to ask for any owner’s email address as part of the official records?

A.

In order for the association to send official association notices to unit owners within the association, the association must obtain written consent from the owner to receive such official notices. If an owner gives written consent to the association to receive official notices via email, the owner’s email address becomes part of the official records and any other owner may request the email addresses of other owners from the association. However, if the association happens to have the email address of another owner but written consent was never given by that owner to receive official association notices via email, the association may not provide the email address to any other owner.

Q.

In our condo association, each unit comes with two parking spaces. Recently, a unit owner sold one of his parking spaces to another unit owner. Shortly thereafter, the unit owner who sold his parking space also sold his unit and the incoming new unit owner only had one parking space, since the second parking space now belongs to another unit owner. Is the new unit owner able to get the second parking space back from the unit owner who was sold the second parking space?

A.

Generally, the parking spaces in a condo association are considered limited common elements. Even though it is deemed to be a “limited” common element, do not differentiate the “limited” common elements from common elements in this regard. The parking space is still part of the common elements whether it is “limited” or not. A unit owner may not sell part of the (limited) common elements. In most cases, a unit owner may allow another owner to use his parking space; however, the sale of the parking space is generally prohibited. Each association’s governing documents differ and therefore this answer is only a general answer.