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Article
Courtesy of The Sun Sentinel
By
Joe Kollin
Published April 9, 2006
PEMBROKE PINES · Homeowner and condominium associations will get more power over their unit owners if a measure tentatively approved by city officials is adopted next month.
City commissioners on Wednesday unanimously endorsed a measure that would prohibit the city from issuing building permits for room additions, enclosed patios and other exterior change until an owner's association approves. Commissioners will consider final approval of the measure on May 3.
"This will help strengthen our partnership with homeowner and condo associations in the city," said Commissioner Angelo Castillo. "It's the right thing to do."
The proposal is the latest in a series of measures Castillo has said will help bring city government closer to the association-run communities, which is where an estimated two-thirds of city residents live.
Two other homeowner-condo measures are receiving the commission's attention:
All condo and homeowner associations must keep the city informed of the names and phone numbers of officers so emergency officials can reach them to provide information, such as how to get ice, food and water. The city had problems reaching the leadership in many communities during last year's hurricanes, Castillo said. Commissioners next month are scheduled to approve the measure they tentatively approved in February.
Police will be able to enforce traffic laws in private communities with speed humps under a measure that commissioners on April 19 are scheduled to adopt. Commissioners tentatively approved it on March 15. Although police enforce traffic laws in any private community whose association signs a contract, they have been refusing to in those with speed humps. This measure would allow enforcement if the speed humps meet Broward County engineering standards. Approval would let the city equally serve all communities, Castillo said.
Castillo said associations support his proposal requiring their approval before the city issues a building permit. Other cities, such as Cooper City, have similar requirements, he said. Some cities, however, such as Weston, have called it wrong for government to get involved in the affairs of private associations. "Cities are partners in improving with condo and homeowner associations," Castillo said. "We should encourage residents to comply with their deed restrictions."
"I don't think we should be in the middle of their disputes, but it happens," said Vice Mayor Iris Siple.
The measure says one of its purposes is to keep the city out of disputes, and the city won't "interpret, enforce, construe or change any association rule, declaration or document." It specifically says the city isn't interfering with the powers of associations.
Most associations have the power to adopt architectural standards and enforce them with fines or lawsuits. The proposal would give the city the power, in effect, to also enforce them.
To protect owners, the proposal says that if an association fails to issue an approval letter to an owner within 45 days of a request, "the city will proceed with processing the permit."
The measure also recognizes that city codes may differ from an association's architectural guidelines. If the association rule is more restrictive than the city code, the city must base its decision to issue a permit on the association's rule. If the city code is more restrictive than the association's rule, approval must be based on the city's criteria.
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