Q.- My Condo Board decided to hire a manager, and I'm concerned about increasing our monthly expenses unnecessarily. Is this hiring of a manager mandatory?

A.- COMMUNITY ASSOCIATION MANAGER (CAM)

There is no requirement in the law that any association has a manager.  But, if the association is over 50 units or has a budget of over $100,000 and they do hire a manager the manager must be licensed. See Florida Statutes Chapter 468.

How To File A Complaint Against A CAM .

Complaints against the regulated professionals or professions may be filed with the Complaints Section in Tallahassee or any regional field office. You may file a complaint over the Internet or download a complaint form from www.myflorida.com. The Division of Florida Land Sales is charged with regulating the professions and protection of the public.

To learn more about consumer fraud, please visit the Attorney General's website at www.myflorida.com

Q.- We have disputes regarding who is supposed to pay some maintenance fees. Are there any established criteria to decide what is common and what not?

A.-Obligations Regarding Maintenance of Common Elements

Maintenance of the common elements. Pursuant to Section 718.113(1) of the Florida Statutes,   the maintenance of the common elements is the responsibility of the association. The Common elements are defined as the portions of the condominium property not included in the units or as modified by your individual documents. Section 718.103(3)  Florida Statute.

Limited common elements are those common elements, which are reserved for the use of a certain unit or units to the exclusion of all other units, and as specified in your declaration. Section 718.103(19)  Florida Statutes.

In determining the responsibility for the maintenance of certain property elements it must first be determined from the Declaration and the Florida Statutes whether it is a common element or a limited common element.

If it is determined to be a limited common element, it must then be determined from the Declaration and Florida Statutes whether the responsibility is that of the association or that of the unit owner or both.

Maintenance of limited common elements. Pursuant to Section 718.113(1) Florida Statutes,   the declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements or that the association shall provide the maintenance.

The declaration may provide that the maintenance be either as a common expense to all unit owners, or by shared cost to those entitled to use those limited common elements. The declaration shall describe in detail the method of apportionment.

Common Element Possession And Use. A unit owner is entitled to use the common elements in accordance with the purpose for which they are intended . Section 718.106 Florida Statutes.

Q.- I know that we have common elements, but what are the ones called “limited”?

A.- LIMITED COMMON ELEMENTS

Florida Statute Section 718.103(19).  “Limited common elements” means those common elements which are reserved for the uses of a certain unit or units to the exclusion of all other units, as specified in the declaration.

Section 718.113 Florida Statutes. The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements… If the maintenance is to be provided by the association at the expense of only those entitled to use the limited common elements, the declaration shall describe in detail the method of apportionment and may use 718.116 to enforce payment.

Q.- What is to be done if the unit suffers any kind of damages?

A.- DAMAGES TO YOUR UNIT

If you discover damage to your unit from any source known or unknown you must immediately notify your homeowners' policy carrier, the association, and any unit owner who may be involved. Your insurance carrier will give you instructions.

If your damage was caused by a common element problem, and if there was negligence on the part of the association in dealing with the problem it would be their liability. Without negligence the association is only responsible for the common area damage as set forth in your declaration of condominium and bylaws under Maintenance and Repair.

Q.- How do Boards select the right kind of hurricane shutters?

A.- HURRICANE SHUTTERS

Florida Statute Section 718.113(5). Each board of administration shall adopt hurricane shutter specifications for each building within each condominium operated by the association which shall include color, style, and other factors deemed relevant by the board. All specifications adopted by the board shall comply with the applicable building code. Notwithstanding any provision to the contrary in the condominium documents, if approval is required by the documents, a board shall not refuse to approve the installation or replacement of hurricane shutters conforming to the specifications adopted by the board. The Board may upon approval of a majority of the unit owners install hurricane shutters and may maintain, repair, or replace them whether on common property, limited common elements or association property. The board may adopt hurricane shutter specifications. A board shall not refuse to approve the installation or replacement of hurricane shutters.

Q.- How does the Board decide if it is necessary to use bids when buying the materials for pool repair?

A.- BIDS Section 718.3026 Florida Statutes requires competitive bids for materials, equipment or services if over 5% of the budget including reserves. The association does not have to accept the lowest bid.