Q-I have a condominium unit that is multileveled. On the lower level there are three metal doors that are rusting badly. I asked the association board to repair them, and they asked me to get an estimate on the cost of the job, which I did. This work has not been done. Do I have any rights?
A-Check your condominium documents to make sure whose responsibility it is to maintain the doors. If it is yours, you can have the work done by a contractor of your choice as long as the quality of the external work meets the association`s requirements.
If the responsibility is the association`s, you have every right to expect them to do it promptly. If they do not, put them on written notice that in, say 30 days, you will have the work done and bill them for it. If they do not pay you for it, take them to small claims court.
Q-Please discuss the potential legal problems a ”screening committee”
can face if its formation is not provided for in the association bylaws.
A-A membership review or screening committee can get into serious trouble if it does not limit its activities to the review of the application and the briefing of the prospect on the rights of membership in the association.
If the proper procedures have been followed, an application to purchase or rent can be denied for not meeting the qualifications for membership in the declaring documents, or for giving a false answer on the application, or for having a proven record of ”disturbing conduct” at previous residences.
The committee should make no statements or declarations of its own, but should report its findings and opinions to the board of management, which has the responsibility to approve or disapprove membership in the name of the association. Therefore, the committee should have no legal problems if it conducts its business properly.
I would like to underscore the importance of ”briefing the prospect.”
This may be the most important function of the committee.
At least 40 percent of all condo buyers and renters are first timers at living in shared-facility housing. They often know only what their real estate salesperson tells them and that will usually be positive in order not to discourage a sale.
The preview meeting is a good opportunity to discuss the rights, privileges and restrictions of residents in your condo.
Q-We recently have gone through the process of nominating owners to serve, if elected, to the board of directors next year. The president has also appointed an election committee to oversee the election and count the ballots. He has appointed one of the nominees to this committee. Can this action be condoned and the election be declared legal?
A-Having one member of an election committee who is also a candidate for office is not ”illegal” in a condominium. There should be nothing to prohibit candidates from observing the ballot distribution and vote counting if they desire.
Officially appointing one candidate and not the rest is probably a mistake on the part of the president and does cast suspicion on the meaning of it. It probably should be revoked to avoid any misunderstandings.
Q-I live in a condominium with an excessive amount of space devoted to the outside balcony. I rarely use this outside area, and other tenants aren`t particularly fond of it, either. The condominium agreement states that this outside area can neither be enclosed nor can its appearance be altered. If the majority of ”condo owners” want to enclose our patios, thus altering the exterior of the building, can we put the issue up for a vote? Does the fact that all apartment owners signed the condo agreement prevent us from altering the original terms thereby preventing the change?
A-If the answer to your first question is yes, you can put the issue up for a vote to amend the condo agreement or declaration of condominium.
You have hit the problem on the head with your second question, however, because it probably would take a substantial vote of your board and a unanimous vote of the membership to amend the declaration.
Have a question about condominiums? Send it to Condo Line, the Miami Herald, 1 Herald Plaze, Miami, Fla. 33101. Questions of general interest will be answered as space permits. Sorry, no personal replies.
