Daily Survival: Help in dealing with the condo commandos

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It’s a familiar story in South Florida: couple moves into a condo fully aware that pets are not allowed by owners, therefore does not own one.

However, one five-minute, unannounced visit from a friend’s two-pound mutt will bring down the wrath of the condo board, despite the fact that no one has ever seen said couple walking a dog and doesn’t recognize the visitor bringing it.

This scenario may not be repeated uniformly in all situations, but the particulars don’t matter. What does matter is that condo boards often find that line in the sand and cross it, and if you’ve just retired and bought your first condo, it behooves you to know in which situations you have a right to make demands or just tell them to go away.

Before we get into what to do if you suddenly discover a stranger has been rummaging in your closet for the air conditioning filter in your absence, remember to thoroughly read the condo documents. The prevailing wisdom is that you were provided with all the rules and regulations before you bought your property and knew what you were getting into. Yes, that forest they killed to regulate your homelife is legally binding and they fully expected you to read it before you signed it, like it or not.

It’s important to remember that those dead trees serve a valid purpose — possibly hundreds of people have a stake in the same property and how it’s managed, and you do have legally defended venues to initiate change.

According to the State of Florida, these are some of your rights as a condominium owner. These are not all of them, but ones that I, being a high-minded journalist and seeker of the truth and the light, think are important. I’m obviously not a mindreader, so if you need further explanation you can visit www.myflorida.com/condos.

• At least 48 hours notification of a board meeting

• Attendance of all meetings and committee except those where the board is seeking legal counsel on pending litigation

• Fourteen-day advanced notification of a budget meeting accompanied by a copy of the annual budget

• Written notification of a special assessment that states its purpose

And your responsibilities are:

• Be familiar with your condo documents

• Pay your condo fees

• Use common spaces and amenities in a way that doesn’t hinder or infringe on the rights of other owners.

• Allow the association access to your unit during reasonable hours to maintain the unit or common space. I know you’re thinking about the stranger and the air conditioning unit, but he was a passerby and we are solely responsible for replacing the air filter.

• Not to make any changes to the unit that jeopardize the safety or soundness of the rest of the building

• Attend and participate in board meetings

• Vote

• Be a good neighbor. It actually says to cooperate with other owners in day-to-day life, but it’s essentially the same thing.

• Serve on the board as necessary

• Bring concerns to the attention of the board

The association operates in many ways like a local government and is run by a board of directors. Therefore, it is generally a not-for-profit organization. Directors are obligated to act with the highest degree of good faith and to put the interest of owners above those of the board. For the good of the development, there are limitations on how a unit can be used and such things as pets, leasing, number of occupants are subject to restrictions.

And yes, if the development consists of very small units or people can’t be trusted to stick to a weight limit, the board can decide that no one is allowed to own animals. It’s not fun, but it is fair.

When poring over all the information, it’s important to remember that condo associations are there to protect your property from all kinds of unwanted intrusions. There just occassionally comes the time to recognize when the association itself is an intrusion. Rules and regulations on everything from how to vote to when owners can perform noisy home improvement projects are meant to help neighbors live together peacefully, or if they choose, ignore each other.

If you need more help than the Web site provides, contact the Office of the Condominium Ombudsman, a position former Gov. Jeb Bush created in 2004, at ombudsman@dpbr.state.fl.us, or write to Office of the Condominium Ombudsman at 1400 W. Commercial Boulevard, Ft. Lauderdale, FL 33309.

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