Questions & Answers Keep Me Informed!
Q. I just moved into my grandfatherís condo. The exterior maintenance is severely lacking, and the $285 a month assessment is said to only cover flood insurance. The association does not hold meetings (ever), nor have they provided any account for funds paid. The president doesnít live here, and the only other board member is the secretary she claims in name only. For $285 a month I would expect decent lawn care repairs after storm and accountability for funds.
A. First and foremost, because you are not a unit owner your status at the association is classified as a guest. Unfortunately you have no authority to enforce within the association unless you have a lawful Power of Attorney, or are a record title holder. That being said, with regard to an associationís obligations concerning meetings and maintaining common areas, Florida Statutes and the associationís governing documents control these arenas. Florida Statutes require a condominiumís board to implement their authority as prescribed by the governing documents. While membersí meetings must occur at least once per year (where the associationís annual budget will be formulated including costs to maintain common units), the board may hold meetings as dictated by the associationís governing documents. Board meetings may be required at certain intervals, or may be held solely at the boardís discretion to manage matters within the community. With some exceptions, unit members are typically permitted to attend board meetings and speak about items on the agenda. As to the exterior maintenance and lawn care, an associationís obligations to maintain and repair common areas will be listed in the governing documents. For those areas under the purview of the association, bringing issues to their attention will generally be sufficient to remedy the problem. More extreme measures include, but are not limited to, removal of a board member for nonperformance, or amending of the associationís governing documents may be required.