Community Living
Make a written request to see specific condo records
By RICHARD WHITE
© St. Petersburg Times
published December 21, 2002
Question: At what point do condo documents, i.e. letters, complaints, expenditures, receipts, etc., become available for review by unit owners and tenants?
Answer: State statutes list the official records that can be viewed by owners, but not tenants. To review records, make a written request to the board. It should be a specific, detailed instruction of what you want to review. A request like "I want to see the financial records" is much too general and could require the production of thousands of pages of documents. Do you want accounts payable or accounts receivable? For what time period? Are you looking for a specific expense? You would do better to say, "I would like to inspect financial records regarding pool maintenance and repair expenses in calendar 2001 and 2002." You should be given a reasonable amount of time to review the records and make notes. The board may charge a reasonable fee for copying. The board cannot refuse proper requests to view the official records.
Homeowner usually responsible for exterior upkeep
Question: I live in a freestanding home that is part of a condominium. Two questions: One, is the roof gutter considered the association's responsibility when it comes to cleaning and replacement? Two, when these homes were built, buyers were offered certain exterior options. If these options were included in the original building, is their maintenance the responsibility of the association? Our management company says these options were the owners' installation. Some of these units have been sold and resold.
Answer: Normally, when a modification changes the original design of the home, the owner becomes responsible to maintain the change. The original plans and the documents should address responsibility for maintaining the exterior. I can't offer an answer without studying the documents and plans, and I suggest an attorney render that opinion.
Review insurance coverage
Question: Our association's documents state that if an event such as a hurricane were to damage the property, insurance would pay for the damage. If the insurance proceeds were not enough to cover the expenses, all unit owners would be assessed for the difference, regardless of whether the remainder was related to common elements or limited common elements, such as the docks. The association voted several years ago not to insure the marina because of the high premiums. The insurance normally would have been charged as a common expense and all the unit owners benefited from the savings. Now, some members do not agree that the expenses should be shared if the insurance proceeds were insufficient. Instead, they say, there was no insurance so the rule of insufficient proceeds does not apply. The only choice then is to follow the rules on improvements or repairs to limited common elements, which means the dock owners pay for the marina reconstruction. The entire membership benefited from not paying the insurance premiums, so should not everyone have to share in the repairs as a result of a hurricane?
Answer: Your question is particularly important in that all owners should be aware of the possible storm damage to common and limited common areas not covered by insurance. There is first the deductible coverage and then the properties not covered. Voting not to insure part of the common areas does not eliminate members' responsibility to pay if there is a loss. It is the duty of the association to maintain and restore the common areas as well as the limited common areas in event of a loss.
Individual owners should research their own insurance to determine if they have loss assessment coverage. All owners should protect themselves against a special assessment for rebuilding from storm damage not covered by insurance.
Suggest that all the owners in your association contact their own insurance agents for information on loss assessment coverage. The cost for the added insurance is low.
- Write to Richard White, c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. Sorry, he can't take phone calls or provide personal replies by mail, but you can e-mail him at CAMquestions@att.net. Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney.
Readers may call the state Division of Condominiums Bureau of Customer Service at (800) 226-9101 with questions or requests for materials. Access the Bureau of Condominiums Web site at http://www.state.fl.us/dbpr/lsc/index.shtml; or write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032.
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