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 unit Owner, can I install antenna or lights in my balcony?
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 unit Owner, I have only one assigned parking to my apartment. Can I park my second car in the parking garage?
Yes, you can.
If you have a number of vehicles that exceeds the number of assigned parking spaces, he/she shall be subject to a charge:
– $75.00 a month per vehicle without the right to use the Valet Service
– $105.00 per month per vehicle with the right to use the Valet Service
The payment must be received by the management office on or before the 1st day of each month. If the payment is received after the 5th day of the month a $25.00 late fee will apply. The resident is responsible for the payments during the time frame that the vehicle is registered with the management office. No invoice is required to be sent by the management office. In order to obtain the “S” – registration sticker, the vehicle(s) must be registered with the Management Office, by providing the proof of registration and insurance. The set forth registration sticker must be placed on the rear window of the vehicle. Secondary vehicle(s) must park only in parking spot marked “RESIDENT” or on 4thlevel of the garage. A monthly parking fee, may be changed from time to time by the Board of Directors.
Condominium: Sections 6, Rules & Regulations
As a unit Owner, do I have to provide the HO6 insurance also know as Homeowner Insurance?
The Association require each owner to provide evidence of a currently effective policy of hazard and liability insurance with Association name as a secondary certificate holder. Upon the failure of an owner to provide a certificate of insurance issued by an insurer approved to write such insurance in this state within 30 days after the date on which a written request is delivered, the association may purchase a policy of insurance on behalf of an owner. The cost of such a policy, together with reconstruction costs undertaken by the association but which are the responsibility of the unit owner, may be collected in the manner provided for the collection of assessments in s. 718.116.
Condominium: Section 718.111(11)(g)(2), Florida Statutes, and Section 4, Rules & Regulations
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 Condominium Documents or Rules and Regulations 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.
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
As a 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
Is the unit Owner or his Tenant responsible for damage caused to Association property?
As a 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
What are the Moving Rules?
Moving time are, Monday through Friday from 8:30am to 5:00pm. You must reserve the service elevator with the management office. A Security Deposit of $1000 is required in order to schedule your move and elevator. You will be fined if you cause damage or don’t schedule your move.
Condominium: Section 14, Rules & Regulations
Who must a service provider's certificate of insurance specify as the certificate holder?
The association must be named on the certificate as a secondary certificate holder
Condominium: Section 718, Florida Statutes and Section 4, Rules & Regulations
What are the Pool Rules?
After using the pool you must dry off completely before entering the building area. Do not wet the floor: you will be responsible if someone falls because of you entering in the building wet. The rules call for the “Peaceful Enjoyment” of the pool area. Please be respectful of your neighbors and keep the noise at a minimum.
Condominium: Section 26, Rules & Regulations
Until what time can I have a party in my unit?
The City of Aventura quiet hours are from 11:00 p.m. to 7:00 a.m. on weekdays, and 12:00 a.m. and 8:00 a.m. on weekends and holidays.
Code of Ordinances City of Aventura: Section 30-33(3)
What happens at regular board meetings?
Elections are held at annual meetings; special issues require special meetings; members are allowed to attend board meetings and can speak regarding any item on the agenda but not make recommendations. All members speaking at the meeting shall be limited to maximum of three (3) minutes per speaker. The members who wish to speak required to advise the Secretary of the board of their intention in writing no less than 24 hours prior the meeting. The main purpose of regular board meetings is for the directors to make policy decisions regarding the community.
Condominium: Section 718, Florida Statutes, Section 3.3, By-Laws
The Board of Directors may hold closed meetings when?
Since the proposed or pending litigation may involve privileged information, these meetings are closed.
Condominium: Section 718, Florida Statutes and Section 3.2, By-Laws
Unit owner who is delinquent in his assessments sends a check for the original amount, without the interest or late fees?
The Florida Condominium Act provides that any payment received by an association and accepted shall be applied first to any interest accrued, then to any administrative late fee, then to any costs and reasonable attorneys’ fees incurred in collection and then to the delinquent assessment. The law applies notwithstanding any “restrictive endorsement” or instructions placed on or accompanying a payment. A delinquent unit owner cannot settle a delinquent account simply by marking “paid in full” on their check.
Condominium: Florida Condominium Act.