What are the Association approval criterias?
Approval of the Association shall be withheld only by the vote of a majority of the Board. Notwithstanding anything contained herein to the contrary, approval shall not be withheld so as to violate the requirements or restrictions of any applicable federal, state or local law. In deciding whether to approve or disapprove a transfer, the Board may consider the following factors and may confer freely with counsel in reaching its decision. Good cause for disapproval may include, but not be limited to, the following:
- The person seeking approval, or any proposed occupant, has been convicted of a felony involving violence to persons or property, the sale, distribution or use of a controlled substance, a felony demonstrating dishonesty or moral turpitude, or a charge of such felonies where the person was not acquitted and the charges were not dropped.
- The person seeking approval has a record of financial irresponsibility, including bankruptcies; foreclosures, bad debt insufficient income and/or a credit score lower than 675.
- The person seeking approval, or any proposed occupant, has a history of disruptive behavior or disregard for the rights and property of others as evidenced by his conduct in other social organizations or associations, or by his conduct in this Condominium as tenant, Owner, or occupant of a unit in other.
- The person seeking approval, or any proposed occupant, failed to provide the information, fees or appearance required to process the application in a timely manner.
- All financial obligations including but not limited to: assessments, late fees, interest, legal and attorney fees, violation fines, fees for work performed and other charges against the unit that have not been paid in full.
If the Association disapproves the proposed transaction, a notice of disapproval shall be promptly sent in writing to the owner or interest holder upon request.
If the prospective tenant complies with all approval criteria’s, the Board of Director will issue a certificate of approval.
After the certificate of approval has been issued, the prospective tenant(s), must appear in front of the administrative officer in order to go through an orientation.
Condominium: Section 25, Rules & Regulations
As a condominium unit Owner, can I install antenna or lights in my balconie?
No satellite dish may be visible from the exterior of the building. No radio station or shortwave operation shall operate from any unit. No radio antenna, television antenna or other antenna of any type, serving any particular unit, shall be installed or maintained in the Limited common elements (including balconies), and/or in the Common elements.
Only seasonal decorative lights, which are visible from outside the building, may be displayed between December 15st and January 10th. All such seasonal lights must be UL approved for outdoor use. Permanent light fixtures cannot be installed on the ceilings or walls of the balcony.
Condominium: Sections 18 and 20, Rules & Regulations
As a condominium unit Owner, what is my responsibility to maintain the unit ?
It is the responsibility of the Unit Owner to properly maintain the interior of his/her unit and/or limited common elements. During his/her absence, each unit Owner must undertake or must designate a responsible firm or individual to undertake his/her general maintenance responsibilities, including safeguarding the unit and limited common elements, preparing for hurricane or tropical storm watches and warnings, removing any unfixed items on balconies and lanais, and repairing the unit and the limited common elements in the event of any damage therein. The designation of such firms or persons shall not relieve the Unit Owner of any responsibility hereunder. The names and addresses of such firm(s) or individual(s) shall be furnished to the Management Office and shall be subject to Board approval.
Condominium: Section 24, Rules & Regulations
As a condominium unit Owner, can board keep me from using the common elements?
If a unit owner is delinquent for more than 90 days in paying a monetary obligation due to the association, the association may suspend the right of a unit owner or a unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the monetary obligation is paid. This does not apply to limited common elements intended to be used only by that unit, common elements that must be used to access the unit, utility services provided to the unit, parking spaces, or elevators. When a unit is rented, the unit owner will not have use rights of the association property or common elements, except as a guest, unless such rights are waived in writing by the tenant. When a unit is leased, it is the tenant who has all such use rights that otherwise would be available to unit owners. The association may adopt rules to prohibit dual usage by the unit owner and the tenant.
Condominium: Sections 718.106(4) and 718.303(3)-(4), Florida Statutes
How much can Board fine the unit Owner or Tenant for violation of the rules?
If the cooperative documents so provide, the Association may levy reasonable fines against a unit owner for failure to comply with any provision of the cooperative documents or reasonable rules of the association. No fine may exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation, provided that no such fine shall in the aggregate exceed $1,000. Condominium associations may levy fines in the above manner, even if the condominium documents do not provide for such fines.
Condominium: Section 718.303(3), Florida Statutes
Is there a procédure that an Association must follow before levying the fine?
A fine cannot be levied except after the association has provided the unit owner with the single notice and an opportunity for a hearing before a Grievance Committee. If the proposed fine is approved by the Committee, the fine payment is due 5 days after the date of the committed meeting at which the fine is approved.
Condominium: Section 718.303(3), Florida Statutes