As a Property Manager in the Fort Myers, Florida area, we have had many issues lately in the collecting of owner assessments. We all know that the majority of these issues are due to the poor economy. But that doesn't meant that it doesn't hurt your condominium, homeowner, or cooperative association. Assessment collection is integral to the upkeep of your association and must be collected to keep your home looking and operating the way it is suppose to.
But did you know that the Florida legislation recently added a new weapon in the arsenal of Homeowner and Condominium Associations collecting delinquent accounts? Yes, it’s true; Associations now have the power to collect some of those desperately needed assessments from the Tenants of unit owners who are behind on their HOA/COA fees!
Florida Statute §720.3085(8) & §718.116(11) states, if the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay the association the future monetary obligations related to the parcel. The demand is continuing in nature, and upon demand, the tenant must continue to pay the monetary obligations until the association releases the tenant or the tenant discontinues tenancy in the parcel. A tenant who acts in good faith in response to a written demand from an association is immune from any claim from the parcel owner.
The purpose of this law is to prevent owners, from neglecting their obligation to the association, while collecting rent from a tenant residing within the association. This law requires the Association to notify the tenant in writing of the demand for the assessment which demand will specifically state that it is an ongoing or continuing obligation and that if the tenant fails to pay the applicable portion of the rent to the Association to pay the assessment then due, the Association has the right, under the new statute, to evict the tenant from the property.
With this new mechanism Associations have another avenue to seek collection. This can be a very positive method of collecting fees from defaulting owners. Tenants do not wish to be evicted from their premises and as long as the Association agrees to protect the tenant from backlash from the owner, most tenants will readily cooperate with the Association in this collection effort.
J Brooks & Associates, Inc. is a full service HOA, Condominium, Cooperative and Master Community Association property management company servicing all of Fort Myers, Naples, Bonita Springs, Cape Coral, and all of Lee, Collier, Charlotte, and Sarasota Counties.
When searching for a professional property management company to manage your Association, consider us,J Brooks & Associates, Inc. We will do more than exceed your expectations.
J Brooks & Associates, Inc. is a full service HOA, Condominium, and Master Community Association property management company servicing all of Fort Myers, Naples, Bonita Springs, Cape Coral, and all of Lee, Collier, Charlotte, and Sarasota Counties. We Manage Homeowner Associations (HOA), Condominium Associations, Master Associations, Commercial Associations, and Cooperative Associations throughout all of Southwest Florida. For more information, check us out at www.jbrooksai.com.
Wednesday, November 2, 2011
Providing Keys to your Property Manager
Over the years we have regularly had the question asked of us, “Why does the Property Manager need a key to my unit?” In regards to Condominium and Co-operative Associations, it is not required by Florida law that a key be provided to the property manager, but many times it is stated in the Associations By-Laws that it is required of Unit Owners to provide a key for emergency access to the Unit.
Also, it is required in the Florida State Statutes that the Property Manager has a Right of Access to the Units for maintenance, repair, or replacement of any common element or structural components of the building . They will also need to have access to the unit in case of emergencies, such as fire or flooding. So, if you are an owner who works during regular business hours, the Property Manager must have access to your unit to make these repairs.
Please note, If it is required in the Association By-laws that a key be provided to the Property Manager or a name and contact information of a key holder who can be at the unit immediately to access the unit, and this information or key has not been provided, then it is the responsibility of the Unit Owner to reimburse the Association for all fees associated with gaining emergency access to the unit.
So, for everyone’s safety and well being, it is recommended that an emergency key be provided to your Property Manager. It can save you and your association additional fees should something catastrophic occur.
Common reasons for access to the unit:
(Condominiums) Florida State Statute 718.111(5) RIGHT OF ACCESS TO UNITS.—The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.
(Cooperatives) Florida State Statute 719.104(1) RIGHT OF ACCESS TO UNITS.–The association has the irrevocable right of access to each unit from time to time during reasonable hours when necessary for the maintenance, repair, or replacement of any structural components of the building or of any mechanical, electrical, or plumbing elements necessary to prevent damage to the building or to another unit.
J Brooks & Associates, Inc. is a full service HOA, Condominium, Cooperative and Master Community Association property management company servicing all of Fort Myers, Naples, Bonita Springs, Cape Coral, and all of Lee, Collier, Charlotte, and Sarasota Counties.
When searching for a professional property management company to manage your Association, consider us,J Brooks & Associates, Inc. We will do more than exceed your expectations.
Also, it is required in the Florida State Statutes that the Property Manager has a Right of Access to the Units for maintenance, repair, or replacement of any common element or structural components of the building . They will also need to have access to the unit in case of emergencies, such as fire or flooding. So, if you are an owner who works during regular business hours, the Property Manager must have access to your unit to make these repairs.
Please note, If it is required in the Association By-laws that a key be provided to the Property Manager or a name and contact information of a key holder who can be at the unit immediately to access the unit, and this information or key has not been provided, then it is the responsibility of the Unit Owner to reimburse the Association for all fees associated with gaining emergency access to the unit.
So, for everyone’s safety and well being, it is recommended that an emergency key be provided to your Property Manager. It can save you and your association additional fees should something catastrophic occur.
Common reasons for access to the unit:
- Pest Control Inspections (with 48 hour written notice of entry)
- Flood / Water Damage
- Fire
- Safety Hazard
- Disabled Unit Owner in Peril
(Condominiums) Florida State Statute 718.111(5) RIGHT OF ACCESS TO UNITS.—The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.
(Cooperatives) Florida State Statute 719.104(1) RIGHT OF ACCESS TO UNITS.–The association has the irrevocable right of access to each unit from time to time during reasonable hours when necessary for the maintenance, repair, or replacement of any structural components of the building or of any mechanical, electrical, or plumbing elements necessary to prevent damage to the building or to another unit.
J Brooks & Associates, Inc. is a full service HOA, Condominium, Cooperative and Master Community Association property management company servicing all of Fort Myers, Naples, Bonita Springs, Cape Coral, and all of Lee, Collier, Charlotte, and Sarasota Counties.
When searching for a professional property management company to manage your Association, consider us,J Brooks & Associates, Inc. We will do more than exceed your expectations.
HOLIDAY DECORATING WHEN YOU LIVE IN AN ASSOCIATION
“It's the hap-happiest season of all, with those holiday greetings and gay happy meetings, when friends come to call… It's the hap-happiest season of all!” As the great Andy Williams sang in his classic way, it’s that time of year again. In sunny Fort Myers, Florida, we may not have an obvious change of seasons with the glorious fall foliage, and the beautiful White Christmas’, but be thee Snowbird or full-time resident, that is one of the reasons we all came to this beautiful, sunny part of the country. But that doesn’t mean that we don’t know how to celebrate the season! We just do it in a warmer climate!
We still love our holidays, and decorating to show our love of the holidays, is just one of the things that bring that “Holiday Season” feeling to the residents of the south. There are just a few things you need to remember about decorating if you live in a Condominium Association or Homeowners’ Association, when it comes to decorating: Many associations have rules and regulations about how and what you can decorate.
If you live in an Association, one thing you should always do prior to decorating is give your governing documents a once-over. Some Associations have rules on the locations of holiday displays or the size of your displays. And for those of you that live in Associations that have policies about decorations being visible from the outside, it may also affect how you decorate the inside of your home. (If it is visible from the outside, it may not be acceptable.) These are just some of the regulations that may or may not be found in your Associations documents, but it is always better to double check before you get all those decorations up. It can be a real bother to have to take some of your decorations down before the end of the season, or in some drastic cases have to pay a fine to your Association.
Now this doesn’t mean that you shouldn’t enjoy your holidays and decorate for the season, it just means that you need to keep in mind that you live in a community that may have limitations on how you can exhibit your holiday cheer. Remember, you chose your community because of how they keep the look of your community clean and aesthetically pleasing for all. It doesn’t take away the true meaning of the holidays. It’s how you feel inside and how you treat yourself, your friends, and your neighbors that express the true meaning of the holidays.
So, remember check with your covenants before you decorate and if you need copies of your rules and regulations contact your property manager. They will be able to provide your complete copies of all your associations documents. Have a Happy Holiday Season!J Brooks & Associates, Inc. is a Southwest Florida based Community Association Manager. Please check out our website for all our latest blogs and services. www.jbrooksai.com
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