|
OVERVIEW: The ownership of property within a condominium and homeowner’s association carries with it a different set of rules and responsibilities compared to owning your own home. If you are an Association and you want to revise or amend your By-laws, Rules or Declarations, you should seek the services of a lawyer to help you. Likewise, if the Association has a dispute or questions as to the proper procedures for an election, making a special assessment, or enforcing a lien upon a property, the Association is also advised to obtain the services of a lawyer. On the other hand, if you are a member of an Association and you feel that the Association is not conducting itself in a proper manner or if you have received a lien or special assessment notice, you should also retain a lawyer to protect your rights.
Although you still own your own “private space” like you would with a home, within a condominium or homeowner’s association, each member therein also owns all of the common elements in equal shares. Since no one single owner can claim any common element as his own, a condominium association and homeowner’s association needs its collective membership to organize and vote on how to maintain, decorate, and even use all of the common elements. All decisions concerning the well-being of the association from how or when to paint the exterior buildings, if and when to build a pool, or even the simplest decision as to who will be given a contract to maintain the grounds of the association must go to a vote. The power of the association extends to creating “house rules” that govern the manner in which the members may reside on the premises to enacting assessments against the membership to pay for an association expense like repaving the association parking lot. The procedures for the use and maintenance of the common elements as well as how the association conducts its business are all contained in the organization’s by-laws and declarations. Often, condominiums or homeowner’s association require assistance to review and update their documents. Some amendments made in the past may conflict with the present state of the law in Florida or may in fact conflict with each other. On the other side, some owners may require assistance in those circumstances where they feel the association may be taking unauthorized action or is ignoring the requirements of its own documents or of Florida law.
|
