Update - Pool Use Restrictions

Started by LoriL1 • 6 replies • 1272 views

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LoriL1 (Florida)
Posts: 78

Posted:

After speaking with a representative of the Fl. Dept. of Business & Prof. Regulations yesterday, I wanted to give an update. The representative said that we CANNOT restrict a homeowner from using the common elements, unless they are renting their unit out. If they are renting it out, we can establish a rule stating that there cannot be dual usage by the tenant & the homeowner. The tenant would have the right to use the common elements, but the homeowner would not. We already have that rule in place.

For Fl. condo assns. there is little that can be done to encourage payment of assessments other than an established collections policy - letters, late fees, liens, etc., etc. It has been our experience lately that for the most part, these actions are just ignored!

Thanks again for the thought-provoking discussion! Lori

SusanW1 (Michigan)
Posts: 5,202

Posted:

I think you asked the rong authority.

What is your definition of "member in good standing"?

Are members NOT in good standing allowed to vote? or run for office?

DwightT (Idaho)
Posts: 664

Posted:

That doesn't sound right to me either. I don't think DBPR would be involved in something like this, but this may be a Florida thing. Probably the best person to comment on this would be Donna.

LoriL1 (Florida)
Posts: 78

Posted:

Thanks for your opinion, Susan. DBPR oversees the Div. of Florida Condominiums, Timeshares & Mobile Homes, so I definitely spoke to the right authority. Our condo assn. statutes (718) in Fl. differ greatly from our homeowner assn. statutes (720) which are not as restrictive.

For everyone's reference I have copied a response listed in the Division's FAQs regarding the suspension of voting rights.

77. Can a board suspend a unit owners’ voting rights because the unit owner is late in paying assessments?
The voting rights appertaining thereto shall pass with the unit. Chapters 718 or 719, Florida Statutes, do not provide for the voting rights of a member to be withheld if he or she is late paying their assessments.
Condominium: Section 718.106(2)(d), F.S.
Cooperative: Section 719.105(1)(a), F.S.

We'll do what we can and hope for the best!

MaryA1 (Arizona)
Posts: 7,043

Posted:

Lori,

Perhaps the DBPR rep's answer was based upon FL State law which may not address the issue. However, if your gov docs do address the issue then you can do as the gov docs say. Just because a certain issue is not addressed in state law does not mean it cannot be addressed -- and adhered to - in the gov. docs. Many state laws do not address every issue that is outlined in the gov docs.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Mary's right - the words "do not provide" means that they don't deal with it or it is not stated in.

The HOa must have it in their documents, or by default, there is no provision.

"If it ain't in writing, it doesn't exist."

RaymondL1 (Texas)
Posts: 8

Posted:

Is it a single family or multiple families that are permitted to have membership?

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