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Let Members Get Say In Writing About New Decor

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By RICHARD WHITE, Tribune correspondent

Published: December 22, 2007

Our condominium has a reserve category for decorating, and there was a committee that was charged with looking at updating the common areas. The building is 25 years old, and much of the common areas is in need of updating.

The committee recommended improvements of about $79,000 that were approved by the board. Then everything broke loose among the homeowners. As usual, there are many opinions about what to do or not to do.

Many of the owners want to have a vote to decide whether the work is necessary. The board's opinion is that this falls under its responsibility to maintain the common areas. The board members do not feel a vote is necessary by the owners to approve the improvements. Our condominium documents do not say there is a need to vote, and our attorney says that the board is within its rights and responsibilities to move forward.

The board has decided to have more discussions, if necessary, to allow the owners to address their feelings. In the meantime, nothing is being done. Bottom line, how do we convince our homeowners that it is not in anyone's long-term interest to set a precedent to start voting on maintenance items?

M.W.

St. Petersburg

I can only support your attorney's opinion by saying that the statutes require the board to maintain the common areas. In fact, it is a fiduciary duty to retain the common areas in the same condition as new.

In decorating, many owners will not like the color or decor. Try to hold an information meeting to display the colors, textures and designs to inform the members. You can even set up a table or stands in the lobby with photographs, sample cloth or flooring and colors for the members to see. The meeting or display is not for discussion but to inform the members.

You can have comment sheets or cards for the members to fill out with their suggestions, but any comment must be in writing.

In short you need to inform and allow comments.

I live in a condominium run by the condominium association. The president of the association says that we do not own the grounds or the outside of the condominium, only the inside.

According to the tax assessor of our county, my tax notice comes to me in my name, unit number and the common elements. I have never seen any taxes paid to the county out of the association funds. Could you please clarify for me who is the owner of the ground?

R.B.

New Port Richey

If you read your deed, you will see that you have ownership of a unit and an undivided interest in the common areas. The key word is "undivided." This is the title that all owners have in condominiums units. It is what distinguishes a condominium from other forms of ownership such as homeowner associations.

What it means is that you share ownership with all other owners in the percentage listed. You can't go to the pool deck, point to a brick, and say that brick is mine. You can say I own "xyz" percentage of that brick and all other bricks.

As to the taxes paid, you need to refer to Florida statute 193.023. This statute says that common property is not taxed because that would be double taxation. What we mean by this is that if a home or unit were removed from the common areas, the value would drop and the owner would pay a lower property tax.

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