The constant evolution of Florida condominium law often means that condo agreements face many challenges.
As a result, some of the most common issues for condo owners and associations revolve around outdated information.
1. No late fees for delinquency
The right for condo associations to collect late fees falls under the contract’s declaration or bylaws. If not included, the association should amend the declaration to allow them a minimum of $25 or 5% of the delinquency. This is standard for the most recent Florida law.
2. High voting requirements for amendment
Amending condo association agreements requires a voting process. However, some set the threshold as high as 75% or 80% in favor of amending. With such a high threshold, making any effective change is often difficult.
3. Missing a specified maintenance plan
Without a strict maintenance schedule, condo owners and associations both face issues. For example, if a vacant condo experiences a water leak, the problem may go unnoticed until there is excessive damage if the association does not schedule regular maintenance checks. For owners, a maintenance plan provides notice for standard checks and helps hold them accountable. Overall, it is a necessary preventive measure for everyone involved.
4. Non-current insurance requirements
Without updated insurance requirements that match the most recent changes in Florida law, owners and associations face litigation issues. Associations have a responsibility to review changes in the law and amend the declaration to meet them.
Ultimately, condo owners should keep an eye on changes in the law that may affect their contracts. Likewise, home owners associations have a responsibility to ensure they instate up-to-date agreements.