What does it mean to Own a Condo in Florida?

Condo Owners 101 and 101A

An Opinion By Randy Jackson

Apopka, FL
Published June 13, 2015

 

Let me say first off You will not find this information in any legal journal or publication although the content is buried within the legal jargon associated with every condo in the State of Florida. Most Condo Developers and Lawyers do not want this as something highlighted in their information because of the clear intent of its meaning. Lawyers will argue pro and con because it tends to dampen the need for their professional opinions and services. Typically, at some point, the developer will loose their complete control of the Condominium they created and a new sheriff is in town. For many it is best to just just keep this information convoluted and hidden.
 
Power Hungry Directors and Managers hate this information because it allows Owners to know and understand who actually controls the Condo Owners Destiny and how to accomplish their control. You the Owner - control!
 
You are not likely to find this in Condo Newsletters or hanging on the bulletin boards or in New Owner Information packets, but I believe it should be well understood by every Condo Owner or anyone considering condo life.
 
This is not written in legalese and not intended to be perfect, it is written to help Owners understand what should be important to them. Their collective ability to control their life in a Condo.
  
Condo control requires the majority vote of ALL of the Condo Owners. Mostly a simple majority controls the most issues. One half of the Units plus 1, although different condos may have different requirements, the Quorum is the controlling factor.
Learn what the Quorum is in Your condo.

In this paper, The reference to a "Condo Owners Majority" will always refer to the Majority of the Legal Quorum required.

Condo Owners 101

 
When someone purchases or accepts or takes over a condo property they become part of the Controlling Ownership of the entire complex. That includes ALL common areas and services Owned or Operated by the Condo Association.

This mere simple fact gives every Owner a right to have an input on the type of lifestyle they want to live in. The Power of the Condo is in the Owners banding together and taking control of their future. The majority of Condo Owners, as a group, Control their own destiny.

If the Condo Majority want their condo to become a “trailer trash park” that is what they need to pursue and can force the Management they choose to maintain a course toward that direction.

Of course, most Owners probably have more lofty goals for their lifestyle but the principal is the same. Owners Control their condo lifestyle direction.

Owners must come together and maintain a close relationship at ALL TIMES. They must have full insight to the overall direction and daily operation of the management decisions that have been made. They must have a full understanding of their Condo Finances and they MUST have a means that allows each Owner to understand what is going on within their Condo Association, in a timely manner.

It is the Condo Owners responsibility to insure their ability to receive the complete and proper information, in a timely manner (a timely manner is what the Condo Owners choose, daily, weekly, monthly, yearly and such).

Condo Owners maintain control through Owners Meetings that can be called at any time the Owners feel necessary. Maintaining close control of the Owners Group is paramount to successful Condo Owners Control.

Developing and maintaining a system of Owner Contact and response in a timely manner can provide successful Owners Meetings in a matter of days, not months or years. There are certain specific laws that govern Owners Meetings, to assure proper Owner notification and distribution of needed material, but this becomes a simple procedure because the Owner Organization is developed, organized and Maintained.

The Owners generally hold annual elections to find volunteer “Directors” who will serve to maintain the daily operation of the Association. These Directors are given certain responsibilities and duties but at ALL TIMES serve at the pleasure of the Owners. Owners may change Directors “any time during the year”they wish, with or without cause, if the majority of Owners so agree.

With a well Organized Owners group, This is the POWER of the Owners, to have full control of their Condo destiny.

CONDO Owners 101A

The Basics of Condo rule 101A are simple:
Never allow any group of Directors or Management to take away, diminish, or hide the Owners ability to monitor and know what is going on in their community. Never allow the Owners Group to be ignored or allowed to “drift” apart. Always maintain Your Owners ability to Control Your Condo Association, under all circumstances at all times.

Replace Directors or Management as necessary to insure the Condo Owners remain the ONLY controlling entity and allow Your fellow Owners to help maintain Your chosen Condo Destiny.

When some Manager or Director makes a statement that “We can never get a
Quorum at an Owners Meeting” it is a clear sign those Managers or Directors MUST go, they are not doing their job to protect Our Owners Group.

Find Managers and Directors who will number one, protect the Power of the Owners to maintain control and rid the association any any who feel differently.
END

NO matter where You live in Florida the Condo Laws are quite similar and even flow into many Home Owner Associations. There are legal arguments all over the board but if the Owners will always remember and insist upon a Strong and Organized, Majority Owners Group, the Owners will end up winning.

 

Good Luck and Enjoy Your Condo Life.

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