Condo & H.O.A. Law

Sun Sentinel Broward Edition - Homespot - Broward East - - FRONT PAGE -

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: col­[email protected] 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.

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