26/07/2021

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Condo Q&A: Should Monthly Fees Drop If Amenities Are Closed?

Also: An HOA board made the decision to change trim colours for 108 community properties....

Also: An HOA board made the decision to change trim colours for 108 community properties. Is that a material alteration – a little something users ought to vote on?

STUART, Fla. – Query: Our HOA board has made the decision to change the trim colour of all 108 properties. The buildings are off white, and the trim has been a variation of light-weight blue because they have been crafted in 1990. They now want to paint turquoise, peach, yellow, lime eco-friendly or gray. The CC&R’s point out the HOA maintains the exterior of properties and paints each and every seven decades. My argument is that this is a material alteration and ought to not be permitted. Aid me if you can or direct me in the correct route. – N.D., Melbourne

Response: House owner Associations are controlled by Chapter 720, Florida Statutes. Chapter 720 does not incorporate any requirement that material alterations be permitted by a vote of the homeowners. You might be considering of Chapter 718, Florida Statutes which governs condominiums. So, with no statutory requirement for owner approval of the colour change, it would be a board choice except your governing documents deliver some style of restriction.

You ought to go through your governing documents extensively to determine if there are any constraints relating to colour changes to the properties. If you have been a condominium, then the Statute, 718.113, calls for a seventy five% approval of the full voting interests to make the colour change except the Declaration of Condominium supplies normally.

Query: Through the latest lockdown, residents right here and in various, most likely all, Florida communities have been deprived of facilities. In our scenario, charges to guidance our two clubhouses and related services (specifically sports activities courts, pools, and health club with locker rooms), are itemized at around 31% of our full quarterly charges. The administration enterprise did keep a skeletal workers, and all standard expenses (e.g. h2o, electric, routine maintenance of two pools and two incredibly hot tubs, and more) had to have been significantly minimized. These facilities have been shut for 3 months.

When I emailed the on-web-site manager about a proration of charges, the remedy was NO! Our board of administrators contains users of the builder’s enterprise, the administration enterprise, and no residents as the affiliation has not been turned around to residents however. Is there a precedent or statute for proration of charges in this scenario? Would it be authorized to withhold the 31% if I have been to set it in an escrow account? – A.C., Port St. Lucie

Response: The unexpected emergency powers statutes for condominiums, cooperative and property owner associations give the board the authority to shut or regulate accessibility to the facilities in buy to avert the transmission of COVID-19. Although this might look unfair, you need to recognize that the board of administrators has a fiduciary obligation to avert or restrict legal responsibility. Closing the facilities is in the greatest desire of the over-all overall health of the homeowners and decreases the authorized exposure of the affiliation.

The expense of preserving and insuring the facilities does not cease just because they are shut. So, no you simply cannot lawfully withhold the payment of assessments because the facilities have been shut by the board in response to the unprecedented COVID-19 pandemic.

Yet another way to feel about it is that you simply cannot withhold spending your taxes because some government companies or buildings have been shut because of to the pandemic. Placing your evaluation payment in an escrow account would not cease the affiliation from recording a lien in opposition to your device for unpaid assessments, so I would not advise that class of action except you have a court docket buy permitting you to do it.

Query: The time becoming in isolation has specified me way much too a lot time to ponder things of tiny to no worth. This becoming 1: My spouse and I just lately bought a device in a 26-floor condo building on the Gulf Coastline in Southwest Florida. We acquired a “unit” insurance policy plan masking own home ($21,000), loss of use ($eight,four hundred) and dwelling ($116,000).

My issue to you is: If a hurricane ought to destruction the exterior of the building, the COA has a plan masking this destruction, but if the building is destroyed demanding a full rebuild, am I included for the worth ($325,000) of our specific device underneath the COA plan? – N.P., SWFL

Response: Portion 718.111(11) Florida Statutes handles a condominium associations insurance policy requirement. It calls for the Affiliation to insure the condominium building for a hundred% of its replacement expense primarily based on an appraisal of the building executed no significantly less frequently than each and every 3 decades.

Richard D. DeBoest II, Esq., is co-founder and shareholder of the Regulation company Goede, Adamczyk, DeBoest & Cross, PLLC. The data furnished herein is for informational needs only and ought to not be construed as authorized guidance. The publication of this report does not produce an lawyer-consumer partnership in between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our lawyers. Viewers ought to not act or chorus from performing primarily based on the data contained in this report with no initially getting in contact with an lawyer, if you have thoughts about any of the challenges elevated herein. The selecting of an lawyer is a choice that ought to not be primarily based exclusively on commercials or this column.

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