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 HOA board refuses to fix water irrigation pipes resulting in many yards turning brown. The board states it costs too much. What can I do?

A.

First, you have to determine whose responsibility it is to fix those irrigation lines by reviewing your association’s declaration. If it is the association’s responsibility, I would recommend sending a letter via certified mail return receipt requested to the association’s management company and a director to be sure your letter is received. The letter should state that it is their responsibility to fix the irrigation lines in accordance with the association’s declaration and that you expect it to be fixed within 30 days. If that does not work, I would contact a community association attorney.

Q.

Our condo board continues to permit “emotional support” dogs or “service” dogs into our community if the owner shows a doctor’s letter saying they need the dog. Some of the dogs are 100 pounds. Our condo docs do not permit any dogs whatsoever. Is the board being too lax on permitting these dogs into our association?

A.

No. If the owner provides a letter from their doctor, psychologist, or even social worker stating that the owner has a disability which affects the owner’s “major life activities” (eating, sleeping, walking, etc.) and that the dog helps alleviate the affected major life activities, then the owner should generally be permitted to have the dog despite the condo docs not allowing animals.

Q.

We have people smoking on our catwalks causing the smoke to enter units and just overall annoy most of us that do not smoke. What can we do? Can we petition the board to do something?

A.

The board has the power to enact rules concerning the common elements. The catwalks are considered part of the common elements because everyone uses the catwalks. The board may pass a rule prohibiting smoking on the catwalks or anywhere else on the common elements. You may petition the board to only discuss the item at the next board meeting. The owners generally may not petition the board to force them to create these rules.

Q.

In our condo association, we have a board of five people. For our annual election, only five people put in their names to run for the board. As a result, we do not need an election because those five people are running unopposed. Do we still need to have our annual meeting and send out proxies to help establish a quorum?

A.

Yes.