4. Q: What's the difference between a condominium and a townhouse?
A: Condominium unit owners own the inside of their units. Townhouse owners own the complete unit, including exterior surfaces and the land on which the unit is built.
5. Q: Does a unit owner have the right to speak on items not included on the agenda of a meeting?
A: Florida Statutes provide for the right of unit owners to speak at board meetings with reference to all agenda items; however, these chapters do not address the unit owner’s ability to speak to items not on the agenda.
Section 718.112(2)(c), F.S.
6. Q: Does a unit owner have the right to record a board meeting?
A: Unit owners have the right to tape record or videotape board meetings. However, a condominium board may pass certain restrictions pertaining to the manner in which it can be done. If adopted in advance by the Board of Directors as a written rule, the following restrictions can apply: 1), Anyone videotaping or tape recording a meeting cannot walk around during the meeting; 2), a unit owner must give notice if they intend to videotape or tape record a meeting; and 3), require that unit owners who are taping the meeting to set up the equipment before the meeting starts. Further, by Rule 61B-23.002(8)(a), Florida Administrative Code, condominium unit owners may only use audio and video equipment that does not produce distracting sound or lighting. Section 718,113(2)(c), F.S., and Rule 61B-23.002(8), F.A.C.
7. Q: What is the law concerning the length of terms for board members?
A: The terms of all members of the board shall expire upon the election of their successors at the annual meeting.
Section 718.112(2)(d)1., F.S.
8. Q: Can the Board of Directors charge a late fee or interest on assessment fees?
A: Assessments and installments on them that are not paid when due, bear interest at the rate provided in the association documents, from the due date until paid.
The Heather Walk Condominium Inc. documents provide for an interest rate of 10% per year & a late fee of $25.00.
Section 718.116(3), F.S.
9. Q: What is the law concerning the frequency of assessment payments?
A: Chapter 718 Florida Statutes, require assessments be made against units not less frequently than monthly.
Section 718.112(2)(g), F.S.
10. Q: Can the association purchase a unit that has been foreclosed?
A: There shall be no limitation on the association's right to purchase a unit at a foreclosure sale resulting from the association's foreclosure of its lien for unpaid assessments. The association’s Board of Directors has the power to purchase units in the condominium and to acquire and hold, lease, mortgage and convey them. Section 718.111(9), F.S.
11. Q: Is the Board of Directors required to obtain competitive bids before hiring an attorney.
A: The Board of Directors is not required to obtain competitive bids when hiring an attorney. Competitive bids are not required for contracts with employees of the association, attorney, accountant, architect, community association manager, timeshare management firm, engineering and landscape architect services. Section 718.3026(2)(a)1., F.S.
12. Q: Can a unit owner solicit bids for repairs to the common elements?
A: A unit owner does not have any authority to act for the association by reason of being a unit owner.
Section 718.111(1)(c), F.S.
13. Q: Can a unit owner display a United States flag on the balcony or patio?
A: Chapter 718 states that a unit owner is allowed to display one portable, removable U.S. flag in a respectful way, regardless of any declaration rules or requirements dealing with flags and decorations. Section 718.113(4), F.S.