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50 Magic Number For Community Associations

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By RICHARD WHITE

Tribune correspondent

Published: November 30, 2008

We are a small community of 37 units with a tight budget, so our board members run things ourselves. We received a report of the changes to FS 468 Part VIII, Community Association Managers. The first sentence states, "Changes the threshold for employing a licensed Community Association Manager from 50 units to 10 units."

What does it mean? Are we now required by law to hire a Community Association Manager?

MB

In the past, associations of 50 units and smaller were exempted from certain sections of the statutes. With the change, only associations of 10 units or fewer are exempt.

No association is required to hire a licensed manager. However, if you pay someone, that person must be licensed as a Community Association Manager. As long as your board members perform management duties without compensation, there is no licensure requirement.

One of our residents is five months behind in maintenance fees. One of their benefits is free cable paid by the association. Cable is not a necessity. Can the board cancel the resident's cable?

SD

Port Richey

It's a good idea, but condominium statutes do not allow the board to terminate common area usage or services. The best way to put pressure on delinquent accounts is to place a lien on the unit and begin foreclosure action. The board will need to engage an attorney and instruct him or her to begin collections through this process.

Usually, any legal expenses associated with the process are added to the amount due in the legal action. In other words, it shouldn't cost the association legal fees in the end.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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