Can condo owners build patios?

Q. Our board has established a committee to devise a policy to allow our members to add patios to the first-floor units. In past years, the members had voted down any plans to allow patios. It seems like each year the board keeps bringing up the same question and it is coming up again this year. How many times can the board present the question to the members to vote? Can we put an end to this amendment that keeps coming up?

R.M., Clearwater

Thank you for understanding that my column is an educational resource and not to be accepted as legal solutions or legal opinions. My answers are intended as a source of information. There may be other answers that will solve the question, maybe better than my answer.

As to your question about voting over and over on the same motion, I have found over the years that some people will not accept one answer. Until you change the leadership in your association, my guess is that the matter will not go away.

The statutes clearly state that no owner can use the common areas exclusively unless it is approved by the members. Another minor problem is that any such addition must have proper permits. What that means is that the county records would have to be amended for the units that made additions. That would mean that their tax base should increase.

The condominium must also establish a maintenance responsibility and use policy. The board would most likely have to establish an architectural policy that defines size, material and construction details. I would also suggest that the association attorney become involved as to the wording and voting of the motion.Q. We are a HOA. For the past few years it has been very difficult to get any volunteers to serve on the board of directors. This year we were forced to reduce the number from seven directors to five directors. Would it be legal to have the members vote to exempt the directors from paying their fees? If this were feasible we think we would no longer have a shortage of volunteers. We feel that this would be cheaper than to hire a management company.

H.F., Inverness

FS 720.303 section 12 does not allow directors to be compensated for serving. That also means a forgiveness of any fees due would not be allowed, and that directors cannot receive any gain or special benefit. It is not the duty or responsibility of the directors to save money. It is their responsibility to properly operate, maintain, and spend the funds wisely; a fiduciary duty.

Here is what I suggest to get volunteers. Start with better communications. Go out and meet the members and ask them to help face to face. I call it knocking on doors and meeting your neighbors. Create a comfortable environment for volunteers. Face the facts: A director must volunteer to work and give time to the operations. Why not hire a manager to do the day-to-day work and assist the board? Saving money and giving your time is not a way to attract members to do day-to-day work. Explain to the members that if they volunteer and a manager does the daily work, all they would have to do is provide the guidance and oversight.

You need to explain that a failure to volunteer to serve your community will result in lower property values and can result in higher fees. As directors, you must think of operating a big business, not a mom-and-pop shop. Hire professionals to help provide guidance and labor and you will find that your association will operate better and increase the propertys value. It will also reduce the number of hours directors must work to manage the association.Q. Our HOA board of directors is currently considering a significant special assessment to compensate for nonpayment of monthly dues by many homeowners. It is unfair to impose this penalty on owners who always pay their dues. It is equally unfair to allow the delinquent owners to have their dues paid for them by others and let them get away without paying their fees.

More:
Can condo owners build patios?