Latest from Ryan D. Poliakoff

107 items
Results 1 - 20 of 107 Next 
Owner responsible for assessments regardless of when damage occurred

Posted: 3 days ago

Question: Our HOA is assessing every homeowner in our development for damage incurred during Hurricane Irma. We did not own our home during that time, and only closed on the house after the owners fixed the damage that Irma caused. Are we required to pay that assessment? — A.S. Answer: Owners are responsible for all assessments that...
Lot and unit owners entitled to inspect delinquency report

Posted: 10 days ago

Question: We live in a 55-plus HOA community that recently was turned over to the residents from the builder. Some of our owners are requesting to see the detailed packet that the board members receive prior to the board meeting. This package contains a list of residents who are delinquent in their assessments. Can this information be withheld...
Association has right to perform pest control

Posted: 17 days ago

Question: I have been living in my condo for two and a half years. Our association hires an outside company to spray for bugs on the first Thursday of each month, by entering the individual units accompanied by the maintenance man (who has the keys for each unit). I am sensitive/allergic to the “nontoxic” substance they spray...
Condo Act does not restrict nonresident owners from serving on panel

Posted: 24 days ago

Question: I am an original condo owner (46 years) in our building. I am originally from New York. In the past six years, we have become Florida residents, spending six months per year in Florida. Our community needs a lot of work, and last year I invited several neighbors to my home to talk about what we could do to improve the look of the...
Owners bound by most amendments to Declaration of Condominium

5:00 AM Saturday, Feb. 17, 2018

Question: I own a unit in a small (10-unit) condominium. It is located in a tourist-zoned area. I have lived here 35 years in a tranquil, residential-restricted association, where owners can rent their units, but it must be for 90 days or longer. Some more recent buyers (investors) would like to change our condo bylaws/restrictions to allow...
Conflict of interest does not disqualify owner from running for board

5:00 AM Saturday, Feb. 10, 2018

Question: Assume that a condominium employs a licensed community association manager. Is the manager’s spouse an eligible candidate for the condo’s board of directors? If yes, please specify to what extent the spousal board member must abstain from voting on board matters. — C.E. Answer: Let’s assume, to start, that...
New seawall, walkway may fall within exception to alteration rule

5:00 AM Saturday, Feb. 03, 2018

Question: Our condominium vinyl seawall was destroyed by Hurricane Irma. The board has a proposal to replace the vinyl seawall with a riprap stone seawall, along with a 4-foot wide gravel walkway. There was no walkway before, and the walkway is being sold to the owners as a splash guard. Another condominium just down the street is having...
Condo law does not prohibit board from raising budget year to year

5:00 AM Saturday, Jan. 27, 2018

Question: I purchased a condo in 2016. Each year since, my quarterly maintenance dues have increased. The highest increase was $15 per quarter for my unit. For 2018, my quarterly maintenance fee will increase $82 (from $518 to $600 per quarter). The reason for the increase given by the condo association is that “we have now taken a...
Owners do not get an official vote at board meetings

5:00 AM Saturday, Jan. 20, 2018

Question: During an HOA board meeting, is it common practice to allow the members in the audience to have a vote on board business? I know the members are allowed to speak if recognized, but going through our bylaws and the Florida statues I have found nothing pertaining to members having a vote along with the board. It seems to me that the...
Quorum must be met to approve change in financial reporting

5:00 AM Saturday, Jan. 13, 2018

Question: We are a small HOA community with 50 homes and an approximately $180,000 budget. As the time comes near to do the compiled financial statements that are required by Florida Statutes 720.303(7), we are looking at ways that we can better handle those requirements. We would like to hold a membership meeting to approve a different type...
Owners who rent units may use association property as rules allow

5:00 AM Saturday, Jan. 06, 2018

Question: Florida law states that, when owners rent their units, they are not allowed to leave their cars on the property. We live in a condo complex with 148 units. The parking chairman is allowing a unit owner to pay $185 for a second parking space so that he can leave his car while he rents his unit, instead of removing his car from the...
Board must abide by special requirements when passing assessments

5:00 AM Saturday, Dec. 30, 2017

Question: My condominium board wants to discuss whether to pass a hurricane assessment, and a meeting was held to determine whether this special assessment was needed. Should the board inform unit owners about this discussion before or after the meeting? The board has taken the position that, if the assessment is approved, then they will...
Condominium Association can’t help with landlord-tenant disputes

5:00 AM Saturday, Dec. 23, 2017

Question: We need help. We live in a condo and we are renting from a slum landlord. We have paid $1,300 a month since April, but the landlord never fixes anything. We have a bad refrigerator, and the patio screen has holes in it. We are two seniors. We have never been late, not one day. My bathroom is falling apart and we paid first month&rsquo...
Young people may be allowed to live in over-55 community

5:00 AM Saturday, Dec. 16, 2017

Question: We live in an over-55 condominium community. There is a woman in her 30s who inherited her condo unit from her father. The problem is that this woman is constantly causing disturbances with late-night parties and friends going in and out of her unit all hours of the day and night. The other owners in the building have filed numerous...
Members of master association may not be owners in the community

5:00 AM Saturday, Dec. 09, 2017

Question: We live in a condominium with over 550 units. We have a sister condominium in the same community which has 125 units. Both associations belong to a master association. The master association governs combined recreational facilities. I am told that membership in the master association is limited to the three master board members...
Owners must use limited proxy to approve waiver of reserves

5:00 AM Saturday, Dec. 02, 2017

Question: We live in a condominium. There has been a lot of confusion this past year regarding membership votes, and how they are conducted. Our association recently sent out proxy letters that included two voting items. The first item asked owners to approve waiving the collection of reserves. A second item, about which several board members...
Eligibility to serve on board depends on governing documents

5:00 AM Saturday, Nov. 25, 2017

Question: My husband bought our condominium in 1999. We married in 2002. We are Florida residents who have lived here at least seven months each year for the past 15 years — we spend some time in New Jersey during the summer. I would like to run for a position on our board, but I was told that I cannot, because I’m not on the...
If association president won’t follow will of board, replace him

5:00 AM Saturday, Nov. 18, 2017

Question: I live in a new townhome golf cart community with a newly established HOA, of which I am the secretary. The community has one road with a gated entrance and a posted 20 mph speed limit. We have mailed several newsletters to owners regarding speeding, which is dangerous for pedestrians and children. The board finally voted to install...
Most boards can create rules governing units, common elements

5:00 AM Saturday, Nov. 11, 2017

Question: There was a brief discussion of limited common areas in a previous column. I understand that a limited common element is appurtenant to the unit to which it is attached, and that it is for the exclusive use of the owner of that unit. My question is, does the board have any control over the use of that area? Can a limited common...
All owners usually must OK converting common elements to private

4:00 AM Saturday, Nov. 04, 2017

Question: Is the majority in a condo HOA entitled to “privatize” common areas? I live in a two-story building in Century Village, with eight apartments on the first floor and eight condos on the second floor. The owners living on the first floor are looking for signatures in order to get a majority vote to allow them to build...
107 items
Results 1 - 20 of 107 Next