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By Any Name, Paving Would Still Be Repair

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By RICHARD WHITE, Tribune correspondent

Published: December 1, 2007

Our community consists of one-story villas and two-story condominium units. The villas have garages with a driveway. The condominiums have a parking area as an extension of the streets. We also have sidewalks along the streets and to each unit or building.

All are part of the common elements, with maintenance the responsibility of the association. We are reviewing our reserve funds and are looking for a definition of "roads" from the statutes. All we find is resurfacing or paving.

I spoke to a person at the Bureau of Professional Regulation and she referred me to the section in FS 718 and the Administrative Code 61B. One says paving; the other says resurfacing.

Can you assist us with information on what constitutes the road since our driveways and parking areas are just an extension of our roads? Can you help us to understand the difference?

B.B.

Inverness

In "Romeo and Juliet" by William Shakespeare, Juliet speaks the immortal lines about that which we call a rose by any other name would smell as sweet. You are trying to make too much of words. If the paved area must be maintained, then put it in the budget and reserves as road and driveway repairs and replacement.

I have a major road that I drive that they are increasing from two lanes to four lanes.

Over the past few months, they have been constructing the new lanes; in condominium language, that would be a capital improvement.

Yesterday, they opened the new lanes and closed the old road. Next week they plan to start to repair the old road. That would be called repairs and replacements.

If you have to repair and/or replace the drive and parking area, include all the data in your reserves and call it what you want - resurfacing or paving. It has the same meaning.

Pertaining to capital improvements and maintenance, does the amount of money play a factor before the board has to go to the members for a vote? We are in need of repairing cracks in the concrete around our pool.

One option is to caulk and paint, which I believe is a maintenance problem. The other option is to remove the curbing around the pool and correct the situation, which will cost a considerable amount.

Is this a capital improvement or a maintenance job?

E.L.

Homestead

The statutes require the board to maintain the common areas. The board is responsible for approving proper budgets and approving special assessments to accomplish the repairs and maintenance. As for improvements, that would usually require a vote of the members.

If the board determines that the pool deck needs replacement, that is a repair and not an improvement. If, on the other hand, the board would like to increase the size of the deck and add new cabanas, for example, that would be an improvement.

The key for understanding the difference is whether repairs are made to common areas or it is new construction. If you add to the common area, it is a capital improvement. If you replace damaged or worn-out equipment, it is repairs. The dollar value does not affect this equation.

Repairing the pool deck is not a capital improvement. It is maintaining the common areas.

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