Q.- There is a new Board in our condo association, and they are coming up with new assessments every month. Is there a way to prevent or stop this behavior, as it goes against my budget?

A.- ASSESSMENTS

Florida Statute Section 718.103(1) "Assessment" means a share of the funds which are required for the payment of common expenses, which from time to time is assessed against the unit owner.

The Declaration of Condominium and Bylaws govern assessments. Most state that a special assessment has to be either approved by a majority of the Board of Directors or by a vote of the Association. If the Association has to approve the assessment it may be done by a vote.

See Florida Statute Section 718.112 (2) (c) which states in part:  "Notice of any meeting in which regular assessments against unit owners are to be considered for any reason shall specifically contain a statement that assessments will be considered and the nature of any such assessments."

The specific purpose of a special assessment shall be set forth in the written notice. The funds collected shall be only used for that purpose. Any excess will be common surplus to be returned or applied as a credit. S. 718.116(10) F.S.

Q.- What kind of fees can the Board charge?

A.- FEES:

USE FEE The association may not charge a use fee against a unit owner for the use of the common elements unless the charges relate to expenses incurred by an owner having exclusive use of the common elements or association property. Section 718.111(4) Florida Statutes.

TRANSFER FEES Section 718.112(2)(i) Florida Statutes. No charge shall be made by the association in connection with the sale, mortgage, lease, or sublease, or other transfer of a unit unless the association is required to approve such transfer and a fee for such approval is provided for in the declaration, articles or bylaws. Any such fee may be preset, but in no event may such fee exceed $100 per applicant. However, if the lease or sublease is a renewal of a lease with the same lessee, no charge shall be made.

LATE FEE Interest 18%/yr $25 fee. If the Declaration or Bylaws provides: Florida Statute Section 718.116(3)  Assessments and installments on them which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. This rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest shall accrue at the rate of 18 percent per year.

Also, if the declaration or bylaws so provide, the association may charge an administrative late fee in addition to such interest, in an amount not to exceed the greater of $25 or 5 percent of each installment of the assessment for each delinquent installment that the payment is late.

INFORMATION FEE Section 718.111(12) (e)1 Florida Statutes. The association or its authorized agent may charge a reasonable fee to the prospective purchaser, lienholder, or current unit owner for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder, other than that required by law, if the fee does not exceed $150 plus the reasonable cost of photocopying and any attorney's fees incurred by the association in connection with the response.

LATE FEE Florida Statute Section 718.116(3)   Assessments and installments on them which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. This rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest shall accrue at the rate of 18 percent per year. Also, if the declaration or bylaws so provide, the association may charge an administrative late fee in addition to such interest, in an amount not to exceed the greater of $25 or 5 percent of each installment of the assessment for each delinquent installment that the payment is late.

LEASE DISAPPROVAL may be made for an assessment delinquency. Section 718.116(4) Florida Statutes.

Q.- Are fines legal?

A.- FINES .

A fine is permitted only if the Declaration or bylaws so provide and a notice and opportunity for a hearing is provided. Fines are not to exceed $100 per violation or up to $1000 for a continuing violation. Fines may not be liens against a unit. Section 718.303 Florida Statutes.

Q. Can the Board mortgage common elements at its will?

A.- MORTGAGE OF COMMON ELEMENTS

The association may mortgage association property in the manner provided in the declaration or upon the approval of 75% of the total voting interests. Section 718.111(7) Florida Statutes.