Florida law regarding homeowners’ associations or condominium associations can be complicated. Often, these bodies want to implement certain rules or restrictions, but they may not be able to because of Florida statutes.
Here are a few of the most common questions that condo and homeowners have in regards to condo associations in Florida.
1. Can a Condo Association Charge a Resale Fee When a Condo Resells?
One of the most common questions that condominium associations ask is whether they can charge a resale fee or resale capital contribution whenever a condo owner resells their condo. For some, this a great way to increase revenue to help with projects that will benefit the whole community.
However, implementing this type of program is limited by statute in Florida. Associations can only charge a resale fee if the association must approve the sale in the first place. Even so, the charge cannot exceed $100 per applicant. However, even in this limited circumstance, there may still be restrictions.
2. Who is Responsible for Landscaping and Maintenance?
Gated community homes and condos where landscaping is provided by an association can sometimes have disputes over who is responsible for landscaping in certain areas. For example, where the residents are required to landscape their own yards, but the association maintains common areas, you may wonder who is responsible for maintaining the area between the sidewalk and the street.
Generally, you will need to look at plat information to make this determination. If that area is considered the homeowners’ property, then the homeowner should be maintaining the grounds. Plats can be hard to read, so using an attorney to make the final determination is generally a good idea.
3. Can Condo Associations Regulate Resident Behavior?
Some associations attempt to restrict what their residents can do while they are on their own property, but their actions might still affect their neighbors. Smoking and noise problems are good examples of where an association might try to regulate behavior.
Associations who are considering implementing rules like this should check with an attorney to determine whether they can legally establish these rules. It may depend on the association itself and what specific action they are attempting to regulate. Even where the association is permitted to pass this type of rule, they may be difficult to enforce. This might be frustrating for neighbors.
Finding Answers to Association Questions
Having an attorney to discussion common association questions is always a good idea. Each association is slightly different, so where one association is allowed to do something, the next association may be forbidden from taking similar action. It is important to get the advice of an experienced condo and homeowners associations attorney for your very specific association questions and concerns.
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