HOA Q&A: Can people not 55 live in a 55-and-over community?
Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
Q: I live in a 55-and-older co-op and there is a home here that the person who owned it passed and her daughter took the home over. She has since moved in with her sister, her sister’s friend and her boyfriend who are not 55. The boyfriend is constantly causing problems and the police have been called numerous times. A group of homeowners have gotten together with the board of directors here and asked about getting the boyfriend banned from the park and we were told that he is only a nuisance and until he hurts someone nothing can be done. I would like to know if this is true. -- J.S., Stuart
A: In order to qualify as a 55-and-over community, 80% of the homes must be occupied by at least one person aged 55 and over. This is the minimum requirement. Each community can adopt restrictions that require all persons to be 55 and over. So, without knowing your communities’ rules, I can’t give you a definitive answer. However, if your community does require all owners to be 55 or older or at least one person in every home to be 55 and over, then you can have the non-qualifying person removed. This may require legal action and you should consult your attorney. The fact that the “boyfriend” is only a nuisance and has not hurt anyone is irrelevant. If he is not 55 years old, he can be removed if your rules require him to be 55 or older.
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Q: How do we remove a condominium board member from the board who we feel is acting improperly? B.R., Fort Pierce
A: Any member of the board may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests. Ten percent of the unit owners may petition to hold a special meeting to consider removing a board member or members. Alternatively, with a special meeting, a board member can be removed by written agreement signed by at least a majority of the total voting interests. Please note that recalls by written agreement have a much higher success rate because the procedures are easier to follow and, in fact, the Division of Condominiums strongly recommends using this method rather than the 10% petition method. In any case, it is also advisable to consult with a Florida attorney experienced with recalls before pursuing the recall. A “How To” guide can be found www.myfloridalicense.com/dbpr/lsc/condominiums Note: the Division of Florida Condominiums, Timeshares, and Mobile Homes will not accept filing a recall petition when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have elapsed since the election of the board member sought to be recalled.
Q: I am an owner of a condominium. I have made a request to see the individual unit owner assessment ledgers for owners who are delinquent in the payment of assessments. The Board has denied my request and they claim I am not allowed to see this information. Is this true? D.L., Port St. Lucie
A: No, it is not true. You are legally entitled to this information. The individual assessment ledgers of all owners are official records of the Association. Both Statutes 718 (Condominium Associations) and 720 (Homeowner Associations) provide that most all official records of the Association must be made available for inspection and copying within 10 business days of a written request. There are certain official records that are not allowed to be given to owners. These records include medical records, credit card numbers, bank account numbers, and Social Security numbers, but there is no exception for individual owner assessment ledgers. If an Association intentionally fails to provide access to the records within the time provided, the owner is entitled to $50 a day up to $500 as a penalty.
Richard D. DeBoest, Esq., is a Partner of the Law Firm Goede, DeBoest & Cross. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
This article originally appeared on Treasure Coast Newspapers: HOA Q&A: Can people not 55 live in a 55-and-over community?
