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Real Estate: Florida/Homeowners association changes rules

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Question
Hi,

I was sent a rule asking me to take my trellis I have had for 15 years.  I was sighted all of these silly reasons, for removing it.  Then the property manager said it was the Home Owners association who wants it removed.  The rules weren't against this when I put it up, now they have changed the rules? I don't think its fair that I have expensive plants on my trellis, the person next door put up a really awful one 2 months ago and I have to remove mine?  Is this legal to change things 15 years later?

Answer
You are Gradfatheted in.  If a condo board makes up a new rule it has to be in your documents.  I will say this.  If your documents say you can not have it then the board is right.  But if the condo documents do not say anything about it the board can not make up any rules they want.  Now if a rule goes into effect this rule is for anyone as of that day on not before the rule went into effect.   Here is the condo law that will help.     If a board wants to pass a new regulation.  The first thing is a board must bring the subject up in a meeting.  At this meeting the board had to vote on this new rule.  If it passes the condo lawyer has to change your documents and register the new change with the state of Florida.  Here is some information.  Based on my experience.   Condo boards love to make up rules.  They figure the people do not know the documents so no one will complain. If it's not in the documents then it is not legal. As your board or the management to show you in your documents where it says you must get rid of it.  Do not let them push you around.  If it's not in your documents then it is not legal.    I do not know where you live but if your in florida l know of a condo lawyer that may be able to answer a question for you for free.  Let me know if you need his info.  Remember. Ask to see the rule in the documents.   Let me know how things work out.  Sorry l just received your question


Stu

Real Estate: Florida

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STUART F

Expertise

The kind of questions l can answer has to do with condominium rules and condo living, condo regulations and condo law. In the state of Florida ONLY. I can address most questions since there is only one stead fast rule for condominium law which is called rule 718 for the state of Florida. I can quote the law, give examples and recommendations. I also have at my disposal access to lawyers who pratice condo law for technical questions that l am not able to answer Without knowing if an association has made changes to their documents which these changes are called amendments l can only generalize what the law says. I can also advise how to deal with Property Managment Companys that manage your condo assoc. What the wording in the contract you need to have with them should cover, the kind of services you should expect them to do for your community. I can answer questions about condo budgets. I have experienced almost every situation you can think of over the years. Also to sum this up l can answer almost any question that has to do with running a condo, dealing with condo owners, and many many more things that have to do with condo living

Experience

I have experience as the President of a major condo association for 1 0 years. Guest speaker at a Major University in Ft Lauderdale Fl for a condo symposium. Beside having major condo management experience I also have over 40 years of Retail Middle Managment experience

Publications
I have been featured many times in our local newspapers because of the experiences l have gone through as President of our condo Association.

Education/Credentials
I hold a BA in Commutation

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