There is one
thing I am certain of when it comes to condo and homeowner association
laws: Readers have lots of questions and concerns.
Here are some examples, with answers provided by LegalLine. Sponsored by
the Dade County Bar Association, it's the only free legal help line in
South Florida.
Some members of my homeowners association are getting mixed messages
regarding qualified voters. One member was told that her daughter who is
not on her deed is unable to deliver her proxy vote. Another member was
told her live-in boyfriend, who is also not on the deed, was eligible to
deliver her proxy. Can a member have anyone be their proxy or must the
proxy be another member or a homeowner?
You will need to look at the homeowners association's governing
documents to determine the answer. Under Florida law, if the governing
documents do not discuss proxy voting requirements, the proxy vote will
be valid if: it is dated; states the date, time, and place of the
meeting for which it is given; and is signed by the authorized person
who executed the proxy. Florida law does not mandate who delivers the
proxy vote, but the governing documents may say otherwise. If the
governing documents mandate a different requirement, those documents
will govern.
If
a condo association denies an applicant from buying into the complex,
does Florida law require the association to put the denial in writing or
can they just do it verbally?
It is the condominium association's governing documents — not Florida
law — that would give the association the right to deny an applicant.
You will need to review the association's declaration of condominium to
determine whether and how it can deny applicants from moving into the
complex.
Can a condo association require a unit owner to hand over a copy of
the key to their home?
Yes. Florida's Condominium Act gives associations the irrevocable right
of access to each unit during reasonable business hours, when necessary,
for the maintenance, repair, or replacement of any common elements or of
any portion of a unit to be maintained by the association pursuant to
the declaration or as necessary to prevent damage to the common elements
or to a unit or units. In cases where unit owners have challenged this
law, Florida's Department of Business and Professional Regulation,
Division of Florida Land Sales, Condominiums and Mobile Homes has
repeatedly upheld that right of access.
Is it true that if you live within one mile of the ocean and your
building is worth more than $750,000, you are going to have to have
hurricane shutters, impact glass or window film which meet the code
requirements for newly constructed buildings by Jan. 1 or if you are
insured by Citizens they can refuse to pay a claim, or cancel your
coverage?
This is essentially true. A bill was passed during the 2008 legislative
session that amended Florida Statute 627.351. The new rules mandate
that, as of Jan. 1, any home within one mile of the "coastal mean
high water line" with an insured value of $750,000 or more is not
eligible for Citizens Property Insurance Corporation coverage unless it
has opening protections as required by the Florida Building Code for a
newly constructed residential structure in that area. A residential
structure will comply if it has shutters or opening protections on all
openings and if such protections complied with the Florida Building Code
at the time they were installed.
Disclaimer:
This article includes basic, general legal advice. It is not intended
for use by anyone as legal advice for a particular case or situation. It
is always best to consult an attorney about your particular case.
Nothing in this article represents the legal opinion of the Dade County
Bar Association. South Florida residents can call LegalLine the first
Wednesday of each month from 6 to 9 p.m. at 866-596-0399.