DISCLAIMER: The following is COOCVE’s understanding of the rules and regulations governing this community. These rules and regulations are covered under Florida Statutes 718 (condominiums) and your building documents. Since every condo association has made amendments to their building documents, the rules cited are from one set of condo documents and may not apply to all condo associations. Nothing stated is to be considered as legal advice.
Question 1: I am a unit owner but I am not a board member. Can I attend board meetings?
Answer 1: Unless your board is meeting with their attorney to discuss proposed or pending litigation or to discuss personnel matters, you are allowed to attend any and all board meetings. See Chapter 718 Florida Statutes, section 718.112(2)(c)
Question 2: I want to sell (or rent) my apartment. Can I put a sign in my window?
Answer 2: No. Condominium Bylaw 12.1 (j) states: “No sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted or affixed in, on, or upon any part of the Condominium Unit that is visible from outside the Unit or Condominium Property.”
Question 3: A neighbor has two cars and is constantly using a guest space as his exclusive space. Can they do this?
Answer 3: No. Section 12.1 (h) (1) of the Condominium Bylaws states: ”No UNIT OWNER shall have the exclusive right to use or the exclusive use of any one guest parking space.” In this same paragraph it also states: “Vehicles improperly parked may be towed away at owners’ expense as provided for by Section 715.07, Florida Statutes (1979).” Note: Section 12.1 (h) (1) was a 1981 amendment to the Bylaws.
Question 4: My condo association pays its officers and directors a yearly salary. Is this legal?
Answer 4: The Florida Statutes Section 718.112 state that the directors and officers cannot receive compensation for their services UNLESS the bylaws of that association specifically permit compensation to be paid.
Question 5: Must I give a duplicate of my front door key to the condo board?
Answer 5: Yes. See Sec. 12.1(l) of your condo bylaws: “The ASSOCIATION shall retain a pass key to all UNITS.
Question 6: What are the percentages of affirmative votes needed to change our bylaws?
Answer 6: Originally the percentages were 66% of the board and 75% of the unit owners. In 1981, the percentages were amended to be a majority of the board and a two-thirds affirmative vote of the all unit owners.
Question 7: Can a resident use part of his unit as a business?
Answer 7: No. Section 9.1 of the Declaration of Condominium states: “Each unit is hereby restricted to residential use as a single residence by the owner or owners thereof,..” This also applies to any guests or visitors to that unit.
Question 8: Can I install a concrete or flagstone patio outside my unit?
Answer 8: Yes, provided you follow the rules. Building a patio involves the use of the Common Area. The Common Area use is determined by the condo board. Usually it is for the common use such as the placement of a bench to be used by all building residents. For a patio to be used by a single unit owner, all residents should be advised and a vote taken. In addition, we believe that when you replace grass with flagstone or concrete, this constitutes a material change to the Common Area. For a material change to the common area, an approval vote of three-quarters of all unit owners is required. When such approval is reached, and the board has set specifications (size of patio, type of material, etc.), then any required permits must be obtained before work can begin.
Question 9: My neighbor cannot stand the smell of the building’s washer and dryer machines in our building. Can they install one in their unit?
Answer 9: No. Section 9.7 of the Declaration of Condominium states: “No UNIT OWNER shall, unless authorized in writing by the association, install, operate or maintain a washing machine and/or dryer within the confines of his UNIT.”
Question 10: Can I change my parking space?
Answer 10: If you and a neighbor in your building wish to swap spaces, a letter signed by both parties must be given to your condo association.
Question 11: Can the board arbitrarily move my parking space to another location?
Answer 11: Normally no, but there is an exception. Some building document bylaw amendments allow the condo board to arbitrarily relocate an individual parking space without asking permission of the unit owner. The amendment to Article 4.3 reads as follows: “… except that the Association through its board shall retain the authority to re-assign such parking spaces where same interfere with, encumber or otherwise impede the ingress or egress of pedestrians, emergency vehicles or the accommodation of disabled, handicapped or incapacitated UNIT OWNERS to park in the vicinity of their units.”
Question 12: My neighbor has a vehicle with a business logo on it. Can she park it in front of our building?
Answer 12: I believe a business logo identifies this vehicle as a commercial vehicle. Bylaws Sec. 12.1 (h) states: “No commercial vehicle owned or driven by a CONDOMINIUM OWNER shall be parked on the CONDOMINIUM PROPERTY.”
Question 13: My condo association has a husband and wife on the board. Is this legal and can they both vote?
Answer 13: Under Florida Statutes 718, both a husband and wife may serve simultaneously on the same board IF at the general election the total number of candidates for the association board did not exceed the number of positions open. Although unit owners are allowed one vote per unit, while on the board both may vote as members of the board.
Question 14: Can someone serve on my association’s board who is not residing in CVE at least nine months each year?
Answer 14: Yes they can. Although many building documents contain an amendment which was approved and filed in 1981 which states: “The affairs of the Association shall be managed by a BOARD OF DIRECTORS…, who must reside in Century Village, Deerfield Beach, Florida, for at least nine (9) months each year”, this amendment violates the Florida Condo Statutes 718 and this eligibility restriction in your documents must be ignored. Even if the document’s amendment may have been valid when it was filed, it is not valid now. You cannot deny an individual the right to run and serve on a condo association board if they are not here full-time.
DISCLAIMER: I am not an attorney. The following is my understanding of the rules and regulations governing this community. These rules and regulations are covered under Florida Statutes 718 (condominiums) and your building documents. Since every condo association has made amendments to their building documents, the rules cited are from one set of condo documents and may not apply to all condo associations. Nothing stated is to be considered as legal advice.