The board of a Boca Raton homeowner association took out a $400,000 loan to pay for roof damage, assessing each owner $100 a month to pay it back. One owner said the board shouldn't have taken out the loan without a vote of all owners, although the documents don't require it.
In Tamarac, a condo owner tells how his board can't make roof repairs. Association documents require owner approval, and the required 80 percent can't agree on financing.
Paying fees and special assessments is a fact of life that owners accept when they buy. Each association handles its finances differently, so "there is no way you can comparison shop," said Donna D. Berger of Fort Lauderdale, an attorney who represents associations. "Most associations ... guard that information and since it isn't public record, you can't go to a database."
Jan Bergemann, founder of Cyber Citizens for Justice (www.ccfj.net), an organization that lobbies for unit owners, said there are too many variables to fairly compare.
Sellers are required to provide buyers with certain financial records, and associations must disclosereports to owners, but the information isn't required to be made public.
Fees vary widely. For example, Country Club Village Building 4 condo in Weston charges $300 a month for units in the 39-apartment, three-story building with elevators and pool. They have never had a special assessment.
At Misty Cay, a homeowner association in the Lake Charleston area of Lake Worth, owners each pay $200 quarterly, which covers the pool, meeting room and landscaping. They pay a master association $190 a quarter for cable television, a main pool, tennis, lakes and landscaping.
At Plaza East, a 21-floor, 266-unit condo on Galt Ocean Mile, maintenance is $2,000 a quarter for all units for elevators, pools, club room, lobby and other facilities. During the past 12 months, each owner was assessed an additional $4,000 for elevator repair, $1,165 for new fire alarms, $1,250 for insurance increases and $854 for shutters in the common area.
Owners who think associations are spending improperly or not disclosing information, or who want to influence the board, should get involved, experts said.
"They can take a look at the financials and the budget or volunteer to serve on a financial oversight committee," Berger said. "If they aren't being heard, they can pursue other options, such as filing a complaint [with the state], start a recall or run for the board themselves."
Condo and homeowner associations are regulated by state law, chapters 718 for condos and 720 for homeowner associations, which specify how owners can demand records.
If you're in a condo, you can report the violation to the Division of Land Sales, Condominium & Mobile Homes, which enforces condo law, but its record of compliance isn't very high and it could take a year.
Q. Carol and Jay Mackey and their dog, Parker, moved into their Sunrise home eight years ago. The previous owner had a "Beware of Dog" sign on the gate, which they kept, replacing it regularly so it would look good.
Earlier this year, the homeowner association told them the sign isn't allowed. The Mackeys told the board they would remove it only if the association assumes responsibility in case the 60-pound border collie hurts someone.
A. David St. John, of the West Palm Beach law firm St. John, Core and Lemme, which represents more than 600 associations, said state law protects property owners from being sued by a bite victim if the owner displays a sign warning people of a dog. Given that dogs are allowed in the Mackeys' community and state law specifically protects those who use signs, the homeowners have a strong argument they are entitled to the sign, he said.
A sign also would protect the association, he added. It would be best, he said, for the association to amend its rule and allow dog warnings. Once it is amended, owners who want different signs cannot claim the association is unfairly enforcing the rule.
Staff Writer Joe Kollin discusses condo and homeowner association issues in this space every other Wednesday. Please let us know those issues that concern you. E-mail us at jkollin@sun-sentinel.com or call 954-385-7913 in Broward or 561-243-6503 in Palm Beach County. See past articles at www.sun-sentinel.com/condos. Kollin has covered condo and homeowner association issues in the Sun-Sentinel since 1986.
This is cache, read story here
