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Subject: Wow,,can someone help with this..big problem

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KevinJ1
(Florida)

Posts:51

01/05/2008 6:02 PM
Robert,very well put ..I will tell you this some 3bed 3 bath with an attached garage on the first floor pay more its about 12.00 more a month.but they still don't reflect the garage on the deed or property apraisers office..so are you saying i should stand back and let things go as they have..i don't own a garage but i'm in the process of buying one,so if i were in this for my own interest i would have been quiet and its not about anyone walking on me ....i'm the one refusing to walk on others ..to some of us its not about standing up for ourselves,thats easy,,try standing up for someone else someday,thats living.and i'll pick the hard right over the easy wrong any day...how many garages you think will come available when this finaly is over..fee's for metering,taxes,dues going up for garage owners.i'll be one of those garage owners paying those fees.if i were in this for me....I would waite for the fall out and take advantage of those that can't afford it....it became my obligation the minuite i found out what was going on to see it righted,,and thats what i'll do i don't care who likes me for it or who dislikes me for it..thank you.Kevin

JustinM1
(North Carolina)

Posts:22

01/05/2008 6:21 PM
"I don’t believe the board can “just vote on something” and just start enforcing the rule, maybe so, but I wouldn't think so." Chuck W. Happens quite often where I live (granted not condo's) in fact it seems to have happened again this week. Justin

CharlesW1
(Georgia)

Posts:821

01/05/2008 8:30 PM
JustinM1, Just because a board votes to establish a new rule(s) or guild line(s), etc doesn’t mean the lot owners, would legally have to abide by them. The board CAN’T just start enforcing it upon those residing in the community; otherwise there wouldn’t be any desire to be a board member, IMO. Obviously that’s a misinterpretation of the governing documents, and I don’t believe it would stand up in front of a Judge, “IF” ever persuaded that far! REGARDLESS OF WHAT STATE OR ASSOCIATION YOU OWN/LIVE IN. Chuck W.

Charles E. Wafer Jr.

JustinM1
(North Carolina)

Posts:22

01/05/2008 9:06 PM
Chuck, Thanks for the encouragement Justin

RobertR1
(South Carolina)

Posts:2525

01/06/2008 5:39 AM
Kevin, Now don't get all defensive on me. You know I am not suggesting you sit back and let things happen. I am making a point that the actions of any owner should be made with the full realilization that after the smoke clears the association will still be there and will need tending. And you should care about how you are preceived because that is what we all do daily as we go through our lives. Of course we are never totally successful but we try, because we know we made need their support in the future. Those that post on this site don't do it to make others angry, they are usually angry enough when they first post here. Not at us especially but mad none the less. I admire your courage for getting involved, but will not tell you anything just to make you happy. This probably will all work out to all these garages be deemed Limited common space or more likely they will be considered as part of the original units as first designed and turned over. As far as I know there is no provision in condo documents that deal with selling parts of the real properties. The limited common property can be assigned or in special cases rented to owners, but it cannot not be partitioned (broken up) and sold. One final observation, if all things are equal, if you trace the wiring in those garages they will probably go back to the unit they were built for. If not, and there has been no re-wiring, and the meter they are hooked to is the common meter of the regime, someone changed something because when the units were built there was no common area since they were not an association to begin with. Good luck!

PaulM
(Pennsylvania)

Posts:1347

01/06/2008 6:31 AM
Kevin: You have been given excellent advice from many posters and now on 3 pages!!! Oy-vey!!! (sp.?) We are waiting for you to post back after you have gained info from local land development authorities re resident plat plan, ownership of garage unit & condo unit, municipal taxes due based on RE ownership, etc. With your desire to 'purchase a garage', this is exactly the opportunity in which you will learn the specifics. How do you buy it? Who do you arrange ownership papers with? How does it impact your local assessment rate (not Assn.) and taxes owed? All is only speculation, banter, and ranting until then....

KevinJ1
(Florida)

Posts:51

01/06/2008 2:46 PM
Paul,you are absolutly correct.i was hoping that someone had gone thru this before and could tell me the out come...but right now i can tell you that the garages are not on the deed so they are not being assessed taxes on them.about buying a garage...i found someone that was selling their unit with garage ,i then got a hold of them and ask if they wanted to sell the garage and they said yes..all the owner has to do is get a notorized letter saying he is transfered ownership of the garage to me and i give him the money...thats it the association is not evan keeping up with who owns garages..i brung it up to the BOD and PM and they got mad at me .thing is i brung it up after the board meeting trying to be tactful,so other owners would not know the extent of what is going on. guess thats where i screwed up ,i should have said something in front of other owners..oh well live and learn...thank you Kevin

DonnaS
(Tennessee)

Posts:2951

01/06/2008 5:21 PM
Kevin, Just got back to this and I have to catch up with you. I would NOT, NOT buy a garage detached from your property. You will have an insurance issue, tax issue and possible liability issue seperate from the insurance. BAD BAD idea. And any change in rules that the Board wants to enact, especially regarding the garages, needs to be presented to the entire membership thru a mailing and meeting to everyone with a 14 day prior notification. That is Florida Statutes I have written this to many Florida people where a Board wants to change rules to fit a situation. 14 days prior notification to any rules and regs change. Do not let anyone tell you differently. It's the law. It is 720;303 Meeting of the Board The last sentence is what they need to follow. 2. An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments. Written notice of any meeting at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

KevinJ1
(Florida)

Posts:51

01/07/2008 2:59 AM
Donna,i'll take your advice...i'll waite until the powers decide,the garage rules ..(tax assessers office ,board,etc..) but remember i'm in a Condo Owners Association..718.do the same rules apply..Thanks Kevin.

DonnaS
(Tennessee)

Posts:2951

01/07/2008 4:33 AM
OOPS!!! Kevin, Yes, 718 has the same 14 day notification law. I forgot, must have had a brain f. Looked up some case law on shared structures. If there was a fire or some major thing happen in the garage AND it spread into the ajoining unit (if you had a garage on a different site) and there was damage or worse yet, an injury) your insurance would give you the worst time with that, seperate or not policy, so I am glad that you will wait until the higher authorities sort this out.

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