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Published: November 1, 2009
With so many foreclosures, is it legal for a condominium to withhold services? We have a couple of units that have been delinquent for several months. The condominium budget pays for cable TV, and we would like to cut this service to the delinquent units.
D.E.
Haines City
FS 720, the HOA act, allows cutting services, but FS 718, the condominium act, does not. You need to ask the association's attorney. In fact, before any association denies service to an owner, it should get an attorney's review and approval.
We have an issue with one of our neighbors. He has a daughter living with him who is about 30 years old and appears to be a drug abuser. She has many shady and undesirable visitors at all hours, which is extremely distressing.
Her father says there is little he can do and he cannot throw her in the street. She has been in jail and rehab several times but she keeps coming back. Can the board do something that prohibits a family member with a criminal record from living in the community? The police say they cannot do anything without evidence.
H.E.
Lakeland
Because this situation involves an owner with title rights, I do not think the board can prohibit him from having his daughter live with him. If she were abusive to others or a disturbance to neighbors, you would have a different situation.
This is a problem for the father and daughter to solve, possibly with professional help. The only thing I can suggest is for you to invite the father to attend church with you - and gently welcome the daughter along, too.
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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