Departments

Facts: A condominium unit included access to a wood rooftop deck enclosed by a railing. The owner of the unit held a party on the deck. One of the party guests climbed over the railing and walked across an unimproved portion of the roof where he fell through an airshaft and was injured. The guest sued the condo association for negligence. The association asserted that the incident wasn’t foreseeable and that it owed no duty of care to the guest. The association asked a trial court for a judgment in its favor without a trial.

Q: Some homeowners associations have an assessment bylaw that includes an annual cap on the amount that monthly assessments can increase without a vote of the members. Is this advisable?

Q: Your community allows pets, but limits their weight to no more than 20 pounds. If a disabled resident says she needs a larger dog as an assistance animal, must you consider making an exception to the weight restriction as a reasonable accommodation?

Proposed Florida legislation would speed up community associations’ ability to foreclose on houses or condo units with unpaid dues in the Sunshine State. Homeowners behind on their community-association dues would have to make good on the full amount before fighting the charges, under a bill filed by Sen. Alan Hays (R-Umatilla). The bill would also bring state oversight to Florida’s homeowner associations.

The Federal Housing Administration (FHA) provides mortgage insurance on loans made by FHA-approved lenders throughout the United States. It insures mortgages on single-family and multifamily homes--including condominiums and homes in planned communities. Since late 2008, the FHA has issued regulatory guidance to set standards associations must meet in order for a prospective member to qualify for FHA financing. The FHA has said that it conducts thorough appraisals to protect both lenders and borrowers.

Q: I’ve heard about some associations using a “two-envelope” system for mail-in votes. I’m considering proposing it in our community. What are the advantages of a two-envelope system and how does it work?

Facts: A townhome owner and her tenant challenged an amendment adopted by the association prohibiting her from leasing her unit to tenants. The owner purchased the unit before there were any restrictions on leasing individual units. The amendment was adopted in accordance with local laws and in accordance with the documents governing the units in the community.

Facts: An association’s bylaws provided that unless otherwise posted, the speed limit on all community roads will be 25 miles per hour and that speed limits “shall be strictly enforced.” Driving 16 mph or more over the posted limit was a “Class A violation.” Class A violations carried a $200 fine for a first offense. The association rules and regulations also contain provisions empowering the board to enforce the rules and regulations of the association, including through the use of private security guards.

Facts: A former member in a condominium sued the association, board of directors, and property manager for allegedly failing to maintain the complex’s common areas. In particular, they supposedly didn’t adequately address pipe problems and termite infestations. The defendants asked the trial court for a judgment in their favor without a trial. The trial court granted the request. The member appealed.

Decision: A California appeals court upheld the trial court’s ruling.

Does a community association have the right to demand rent from an owner’s tenant? Yes—at least in Florida.

Especially during the last economic downturn, associations have struggled to collect assessments from owners. In an effort to stabilize property values, the Florida legislature has empowered condominium and homeowners associations to demand rent from tenants occupying property where the owner is delinquent on his or her monetary obligations to the association.