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Brevard County Space Coast: Palm Bay, Melbourne, Titusville area
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Old 01-21-2019, 08:12 AM
 
12 posts, read 46,356 times
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I searched but can't seem to get a straight answer...

Our condo parking lot is in need of repair cracks (getting larger) etc. Many members of the association don't want to invest (spend) money to repair the lot UNTIL it becomes a safety hazard. They have no problem with the way it looks, etc. right now. The board feels that if the cracks get much larger - someone is going to get hurt (or trip). Is this something the Board of Directors can decide on OR is this still required to be a majority vote by members of the association? I looked through Chapter 718 and just can't find a real list of what the Board of Directors can do without majority vote.

Thanks for your input.
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Old 01-21-2019, 10:35 AM
 
2,755 posts, read 1,796,728 times
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Quote:
Originally Posted by hotdog03203022 View Post
I searched but can't seem to get a straight answer...

Our condo parking lot is in need of repair cracks (getting larger) etc. Many members of the association don't want to invest (spend) money to repair the lot UNTIL it becomes a safety hazard. They have no problem with the way it looks, etc. right now. The board feels that if the cracks get much larger - someone is going to get hurt (or trip). Is this something the Board of Directors can decide on OR is this still required to be a majority vote by members of the association? I looked through Chapter 718 and just can't find a real list of what the Board of Directors can do without majority vote.

Thanks for your input.
You don't indicate what the relative costs are. If the repairs aren't too extensive, the board can incorporate them into the annual budget. As long as the budget isn't more than 115% of the previous year's budget, the association members don't have a statutory right to challenge it.

If the repairs are extensive and would exceed this amount, I believe the board still has the power to authorize and assess the association members on an emergency basis (similar to hurricane assessments) for anything that is an immediate threat to safety and then incorporate the rest into the operating budget.

Sine the parking lot is a statutory reserve item, this assessment shouldn't be any surprise to any member since the amount/timing of the need for it should have been in the annual vote on reserves.
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Old 01-21-2019, 10:42 AM
 
12 posts, read 46,356 times
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Thank you for your comments.
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Old 01-22-2019, 02:51 AM
 
8,005 posts, read 7,260,237 times
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The Board has the duty to maintain the property. Lack of funds might be slowing them down but they can't just choose not maintain the property. Whether cracks in the parking lot fall into that mandate is probably debateable.
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Old 02-04-2019, 10:58 AM
 
683 posts, read 856,224 times
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Sounds like your board doesn't have the funds to do the repairs. That is a major red flag because there should be a reserve account for big ticket items like this separate from the operating account. IF they don't have the funds, then a special assessment will probably be tacked on if they did do they work aside from your monthly HOA fee.

So glad I don't live in an HOA now. They are a pain. I had to get on the board when I was in Miami because much needed repairs were not getting done.
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Old 02-16-2019, 07:36 AM
 
318 posts, read 468,267 times
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Quote:
Originally Posted by 1insider View Post
The Board has the duty to maintain the property. Lack of funds might be slowing them down but they can't just choose not maintain the property. Whether cracks in the parking lot fall into that mandate is probably debateable.

Well the Board's hands are tied if the owners voted down the reserves. The owners can vote not to add money to the reserves which ends up being a huge problem with issues like this. So you really can't blame it on the Board here.

Sounds like you have a lot of owners who enjoy living a *&^% hole and don't want to spend a cent.

Suggest you email the manager and the Board with your concerns and show up at the next board meeting so you can address them in person.
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Old 02-16-2019, 07:54 AM
 
7,245 posts, read 4,575,797 times
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Quote:
Originally Posted by Turbogyrl View Post
Well the Board's hands are tied if the owners voted down the reserves. The owners can vote not to add money to the reserves which ends up being a huge problem with issues like this. So you really can't blame it on the Board here.

Sounds like you have a lot of owners who enjoy living a *&^% hole and don't want to spend a cent.

Suggest you email the manager and the Board with your concerns and show up at the next board meeting so you can address them in person.

I am not sure of the answer where you are but where I am it is the Board's duty to maintain the property. So they don't have to consult with the Unit Owners. The Unit Owners can run for the Board.

If the Board doesn't have the money in the funds.. why can't they get a loan?

Personally though, I am on a Board and I find the Unit Owners to be insane. The first time a crack is noticed on the condo, they want to redo the parking lot. Personally I think that it should NOT be done until about 50% of the parking lot has cracks. There is such a thing as normal wear and tear.
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Old 02-17-2019, 10:25 AM
 
2,755 posts, read 1,796,728 times
Reputation: 4459
Quote:
Originally Posted by Turbogyrl View Post
Well the Board's hands are tied if the owners voted down the reserves. The owners can vote not to add money to the reserves which ends up being a huge problem with issues like this. So you really can't blame it on the Board here.

Sounds like you have a lot of owners who enjoy living a *&^% hole and don't want to spend a cent.

Suggest you email the manager and the Board with your concerns and show up at the next board meeting so you can address them in person.
The board still has the responsibility to maintain the property. If certain owners don't pay, they collect from everyone else to fund the project and then sue the non-paying owners for their unpaid assessments. They can't force a foreclosure of the property but they can put a lien on the property which would have to be satisfied upon an eventual sale.

The statistic I've heard is that ownership of condos in FL turns over every 5 years on average. The association may have to wait for a while but eventually it should be able to collect, with interest and costs of collection (assuming that's provided for in their docs, which is fairly standard).
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Old 02-18-2019, 08:11 AM
 
2,373 posts, read 1,926,603 times
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I have friends in HOAs and, in their situation, there is no real owner vote in some of them. The representatives say well you voted us in and we speak for you. Is it that way with yours and the board can then make the decisions once voted in?
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Old 02-18-2019, 08:31 AM
 
Location: Florida -
10,213 posts, read 14,867,269 times
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The parking lot is part of the capital facilities and a reserve budget item (not part of the operating budget). If (and it should be) the parking lot repairs are specifically funded in the reserves, the board has the authority to spend those funds on parking lot repairs/ maintenance and NO an additional cost to HOA owners will not be incurred. If it is a major expenditure, HOA Owner approval may be required.

If the funds are not available in the reserves (or have been shifted to other reserve item/s, as approved by HOA owners), 1) Funds could be shifted within reserve accounts or 2) Special funding could be approved by HOA owners (assessment, loan, etc). An independent 'reserve study' should be conducted every year or two to ensure reserve items are properly funded.

Note: Reserves and Operating Budgets cannot be co-mingled -- Copies of both reserve and operating budgets should be readily available to HOA owners (and are probably distributed to owners at an annual meeting).
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