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Take Careful Look At New Condominium Group Laws

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By RICHARD WHITE

Tribune correspondent

Published: September 4, 2008

I hear there are new state laws concerning associations? Do you have any information on the changes?

RR

Miami

You could call this the new condominium statute; it's a major change that will take effect Oct. 1.

While condominium and homeowner association changes were proposed, only the condominium act changes were signed into law. Gov. Charlie Crist vetoed the HOA Act changes. The HOA Act will be reworked next year.

The changes for condominiums are broad and all boards, members, and managers need to study them. I have an outline available if you send a self-addressed, stamped (with two stamps) envelope marked, "New Statutes." If you prefer e-mail, I will provide a link to a discussion with state Rep. Julio Robaina, one of the authors of the new statute.

At the annual meeting of our HOA, there was an election for directors. The results were announced by naming only the winners. We were told that it was illegal to announce the actual count. Is this correct?

AS

Naples

It is not illegal to divulge the number of votes received, but it's not a good idea. You're talking about neighbors, and publicizing the results of voting might make for bad feelings.

If, as an owner, you want the voting details, send a letter and request the information. The board should provide it. I suggest you keep the information private.

Our board has put a lien on the unit that is the residence of an 85-year-old woman. The foreclosed settlement date is within three weeks.

The unit owner has failed to pay assessments and maintenance charges and has a reverse mortgage. If the debt is not settled, eviction proceedings must be carried out. The resident's relatives received the mortgage proceeds but have not fulfilled the obligations of the unit.

What is the association's duty, and what are the legal ramifications?

RK

Aventura

The board is taking the right action to foreclose on the delinquent account. The reverse mortgage company should be notified, and I hope the woman's relatives are aware of her pending eviction.

This sad situation makes me wonder why the mortgage company is sending money to the relatives and not the resident? It sounds as if the woman is going to lose everything and become homeless because of the neglect and greed of her relatives.

I presume your association has an attorney who is providing the necessary legal counsel.

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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