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• Special to the Condo News by Jim Hart

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Tri-County Communities Association

New Elevator Law to Spawn Massive Special Assessments

On July 1, 2006 a new State Law went into effect which requires all condominiums over 75 feet high to have an alternative power source to operate their elevators in the event of a power failure. Also, to go along with the additional power source you must have an adequate source of fuel stored nearby with which to run the new power supply.

This new law is in response to the problems we saw during our recent hurricanes when elderly persons could not evacuate their apartments when FPL wires went down. Our police and fire departments were overwhelmed with calls to help carry elderly persons down emergency stairways and this took vital time away from their prime responsibilities.

Florida House Bill 391 was passed and requires that if this work is not completed prior to December 31,2006 or if there is no firm contract in place to do this work, serious fines could be assessed to your association.

Can you imagine the cost associated with this new law and how it is going to effect those community associations who do not have reserve accounts? There is nothing you can do at this point to avoid special assessments for this work and it is another reason that our Florida legislature is giving serious consideration to a bill which would force every community association within Florida to maintain reserve accounts.

Knowing Your Association Rules Saves Many Problems

It is no secret that our area is growing at the fastest rate ever and with so many new residents moving into Condominiums, Co-Operatives, and Home Owners Associations we should pay attention to learning the rules.

RULE # 1 for the Community Association should be to understand that virtually NO ONE is in a position to understand the association "DOCUMENTS" written in lawyers’ English. Almost everyone I know simply puts them away with the other papers they receive at closing. No one impresses upon them that those papers are the LAW of the Association.

The best thing any association can do is to produce a three or four page condensed version of those documents highlighting the more important and more frequently abused rules. I know of associations who have done this at a minimum of cost and they even go so far as to have the new owner sign a statement to the affect that they have read these rules and understand them. Can you imagine how much grief this one little item can save for both the association as well as the new owner.

Rule # 1 for the new owners is to become familiar with the association rules and one of the best ways is to write down a list of questions and ask for a meeting with a member of the Board of Directors to address your questions.

Some of the questions might be along these lines: How early in the morning or how late in the evening can I use the laundry room? You see here, some associations have laundry rooms very close to living spaces. I do not drive, can I let someone with two cars use my parking space? Why can't I put all of my trash in one container, wet garbage, newspapers, cans and bottles? I own my apartment, why can't I let friends use it when I am not there? Why must I leave a key in the office? Why do I have to let the exterminator in my place each month? Why can't I hang some flower pots on the outside wall of my apartment? Do I need permission to enclose my patio with jalousie windows? And on and on.

I think you get my message and for all of you newcomers, "WELCOME".

Jim Hart is Past Vice President of Tri-County Communities Association (TCCA), Vice President of the Coalition of Florida Condominium Associations (COFCA), and director, Center for Community & Condominium Living.

                                                                      HOT LINKS

Advisory Council on Condominiums

The Advisory Council on Condominiums was created by the Florida Legislature in 1991 by the passage of Section 718.50151, Florida Statutes and consists of seven (7) members. Three members are appointed by the Florida Senate, two (2) are appointed by the Florida House of Representatives and one (1) is appointed by the Governor of the State of Florida. Mark Benson, President of Benson's Inc. and Vice Chairman of ACC, created this web site to solicit and accept input that is so vital to the mission of improving the quality of life and ease of administration of community associations.

The Community Associations Institute 

The Community Associations Institute (CAI) is the official training contractor for the Department of Business and Professional Regulation (DBPR). They will be holding training seminars throughout the state. Pam Burns, President of TCCA, is working with CAI to obtain a central training location and will announce this as soon as plans are complete. It is vital that all Community Associations attend these sessions to remain current on all aspects of each course. These sessions are open to all officers, directors, and unit owners within Palm Beach County, Florida. You may also try to reach the DBPR in Tallahassee at 1-800-226-9101.

State of Florida Department of Business and Professional Regulation

Cyber Citizens For Justice

CYBER CITIZENS FOR JUSTICE, INC. was founded to unite Floridians in their quest to improve the daily lives of CITIZENS in our State. Their purpose is to  present CITIZENS' interest in Florida through ADVOCACY, EDUCATION and LEGISLATIVE REFORM.