Living With Rules  --  Columnist Daniel Vasquez answers your questions

Article Courtesy of The Sun Sentinel

By Daniel Vasquez

Published May 13, 2009

 

Can a felon serve on a condominium board?

Can your association stop you from installing a satellite-TV dish on the roof?

Can you find out if a neighbor is delinquent on association fees?

Readers want to know. Here are some answers to recent reader questions, with help from attorneys whose practices emphasize Florida community law from the Palm Beach County Bar Association.


Can someone who is not the owner of a condo unit be elected to that Florida condominium association's board of directors?

Yes, unless there is a prohibition in the association's articles of incorporation or bylaws. There is no requirement in the Florida Condominium Act that a director be an owner.

Some condominium association articles of incorporation or bylaws require certain qualifications such as unit ownership. But, those restrictions are not uniform nor widely adopted. Many associations have removed ownership qualifications because it is increasingly difficult to encourage competent volunteers to serve on boards of directors and they frequently include spouses or significant others of owners.

Can a person who has been convicted of a felony in a Florida court serve as a director of a Florida association?

No, and yes. The Florida Condominium Act prohibits a person convicted of a felony from serving as a condominium association director unless the felon's civil rights have been restored for at least five years before the date of election.

While the Florida Legislature considered a similar provision for the Florida Homeowners' Association Act, that bill was not enacted, so a felon may serve as a director on an HOA.

May a mobile homeowner renting a lot in a Florida mobile home park require payment of back lot rent after a co-homeowner has died?

Generally yes, if the co-homeowners are what is referred to as "jointly and severally liable" for rent which means that both must pay. Of course, the specific rental agreement should be reviewed by counsel.

May a Florida condominium association prohibit me from installing a satellite dish on the condominium's roof?

Yes, under normal circumstances a condominium's roof is a common element which serves many if not all unit owners, not just the owner seeking the satellite dish. An important condominium association duty usually is protecting the roof.

Most owners do not want anyone on a roof which may cause damage to the weather membrane or to do anything that would invalidate a roof warranty, such as the placement of items on a roof.

As a result, many condo associations prohibit not only installation of a satellite dish on a roof, but also bar residents' access to the roof. The situation may be different if the roof top was part of an individual condominium unit.

Frequently the Federal Communications Commission's rules concerning small satellite dishes are misconstrued. The FCC rules do not require a condominium association to abandon the association's duty to protect the roof. In the condominium context, the rules generally apply to only areas which an owner owns or has exclusive use.

Can a unit owner obtain the identity of other owners in a Florida association who are delinquent in paying association assessments?

Yes, because condo and homeowners' association financial documents are usually official records. As a result, owners normally have reasonable access to inspect and copy them. Frequently, the information is contained in an accounts receivable report which is accessible if the association keeps such a report.

But associations are not required to provide instantaneous access. Most associations do not post delinquency lists because experience has shown that posting rarely encourages payment and can lead to confrontations.


Note: These answers are not legal opinions, counsel, representation or advice. For legal protection, a person or organization with these types of questions should consult Florida legal counsel. Readers may send questions to [email protected] .


Daniel Vasquez can be reached at:

[email protected] or at 954-356-4558 (Broward) or 561-243-6686 (Palm Beach County). His condo column runs every Wednesday in the Local section and at www.sunsentinel.com/condos. You also can read his consumer column every Monday in Your Money and at www.sunsentinel.com/vasquez 

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