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Liability, condo unit, insurance, not enough money. foreclosure empty units

Hollywood, FL |

we have 500 units in our condo. 400 is empty, vacant before of foreclosure or other reason. We don't have insurance on the building because we are not collecting enough money. off course because of the empty units. what ever money we are collecting will never be enough to pay for insurance and everything else right now. should we increase the fee from 250 per month to 1000 per month? or should we decrease the fee and let unit owner assume some liability?

Attorney Answers 2

Posted

i assuming from the question you are not on the board of directors. the board should inquire from the boards attorney what can be done. the board is charged by the condominium documents and florida statute 718 with requirements that they are obligated to fulfill in order to protect the rights of unit owners. if they fail to fulfill those obligations the state may be contacted to review the situation.

you might wish to speak to a lawyer on your own as its not clear from the facts if the unit was turned over to the unit owners or still controlled by the developer. the reason this is important is that the requirements are different for unit controlled boards and developer controlled boards

without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice

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Posted

all the unit used to be inhabited.now they are empty because of foreclosure. their owners are in foreclosure or already been foreclosed. should we increase or decrease the fee. by increase from 250 to 1000 is a lot. not decreasing the unit owner will assume liability. what do you think is the best option?

Jeff Tomberg

Jeff Tomberg

Posted

the best option since this additional information suggeststhat the unit owners have taken over is to consult with the condo association attorney to see what is required by the documents and the statute. then find out what he reccomends if the requirements do not answer the question

Posted

An association cannot waive a statutory requirement to have insurance. Your association needs to hire an attorney immediately. I agree with the other attorney that your facts are not clear if the association is controlled by the members or the developer. If it is still developer-controlled, there are additional issues that should be addressed and the members need to pool their resources and consult with a condo lawyer. You can also file a complaint with the Department of Business and Professional Regulation.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.

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