Community Counselor March 6 2007

Question: As a unit owner do I have the right to obtain the names and addresses of all other unit owners in my condominium?

Answer: The association is required to maintain a current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. This roster is part of an association’s ‘official records’ which each owner can review and photocopy (for a ‘reasonable fee’). Official records are supposed to be made available to a unit owner within 5 working days after the board or its designee receives a written request from a member.

Question: Can my homeowner association file a lien on my property for unpaid assessments?

Answer: If permitted by your association’s Governing Documents a lien can be filed on your property for unpaid maintenance or special assessments. The recent Florida legislation prohibiting a homeowners’ association from filing liens related to covenant enforcement and fines, not the payment of assessments.

Question: Can condominium unit owners stop the Board from hiring a property management company?

Answer: The condominium association’s Governing Documents will specify the powers and duties of the association’s officers, board members and unit owners. If the association’s Governing Documents allow or require the unit owners to approve the hiring of a property management company, the Board must seek such approval. Otherwise, a property management company can be hired without owner approval. According to the Florida Administrative Code, if a condominium Board decides to employ a property manager, they must employ a licensed property manager or management company.

Joshua Gerstin, Esq. is the Managing Partner of the Gerstin Associates law firm located at:
1499 West Palmetto Park Rd., Suite 412, Boca Raton, FL 33486.
To submit a question to the Community Counselor, you can call, write or fax at:
Telephone number is: (561) 750-0841, Fax: (561)750-8185, email: contact@gerstin.com.

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