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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
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DonnaS
(Tennessee)
Posts:2951
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| 12/02/2008 12:03 PM |
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Florida Readers,
I just read the article on condominium statute changes and came across this part. We have discussed delinquent Board members and how to handle them within their rights to be board members. Voila!! The State has finally answered our question. I need to find the Statute number
"Also, any director who is delinquent for more than 90 days in assessments is automatically deemed to have abandoned his or her office."
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AnnaD2
(Florida)
Posts:386
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| 12/02/2008 12:32 PM |
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Yup, Donna, you're absolutely right! It's State Statute 718.112(2)N
Halleluia for that one. |
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DonnaS
(Tennessee)
Posts:2951
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| 12/02/2008 12:51 PM |
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Thanks Anna for the Statute number. I have not finished reading the whole thing but it has some progress made for the associations---finally |
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AnnaD2
(Florida)
Posts:386
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| 12/02/2008 1:05 PM |
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Yes, there are a lot of new laws this year. Right now I'm having a dispute with our property manager concerning the new laws concerning fixing air conditioners after a natural disaster.
I'm quoting the following statute which reads:
(k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
I'm thinking it means the association has the right to fix something which could cause further damage (if the owner is not around to fix it). But my p.m. INSISTS that the new laws say the air conditioners are the responsibility for the association to fix and pay for...flat out.
If in your reading, Donna, you can figure out which is correct, could you please let us know? The new insurance/condo laws are pretty complicated; forcing the members to PROVE they have individual insurance and if they don't, then the association can buy it for them, then try to collect. Can you just imagine the mess it would put associations in? The new law is already being ripped apart and it's predicted it will be back in legislation by spring. |
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DonnaS
(Tennessee)
Posts:2951
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| 12/02/2008 1:11 PM |
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Anna,
I do not see what the P.M sees in the air conditioner or air handlers part. You are correct in how you read and interpret it. That's scarey that this is written quite simple and she does not read it the way that we both do.
Proof of insurance is so very normal and a wide spread requirement. I'll bet that your documents have it stated in them, therefore, anyone not having insurance is in violation. My Villa association even tells us how much minimum is required and the association is co-named as covered for the outside of the unit. |
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