My question involves a condominium located in the State of: Florida.
Was this a legal “opt-out” vote so that association does not have to pay for water damage to wallboard from a tropical storm?
Our annual condo meeting was held on Oct. 1, 2011. One of the items we were asked to vote on was item number 4. which is below:
4. Shall the Association opt out of the provisions of section 718.111 (11)(j), Florida Statutes, and allocate repair and reconstruction expenses in the manner provided in the Declaration of Condominium?
The Association also included an attachment to explain what opting out of this provision would mean. The attachment reads:
Item #4 on the proxy form is a very important vote. Since our buildings were was constructed in the early 1980s, the Association has never paid to repair or replace windows and sliding glass doors. Our declarations of condominium, in section 7.2, make it perfectly clear that these items are supposed to be the unit owner’s responsibility. Unfortunately, in 2008, the Florida Legislature enacted section 718.111 (11)(j), Florida Statutes, which can be misinterpreted in a way that requires the Association pay for things such as windows and sliding glass doors as a common expense.
The Association’s legal counsel has recommended that we “opt-out” of this new law under 718.111(11)(k). If a majority of owners vote to opt out, the Association can eliminate uncertainty and guard against future legal disputes about the cost of repairs. A “YES” vote means that we keep the status quo and unit owners are responsible for their own windows and sliding glass doors. The majority of the Board of Directors strongly recommends a “Yes” vote on item #4.
The vote was passed by the members based on this written explanation. Now the condo association is saying that members are responsible for the repair and replacement of wallboard that was damaged during a recent tropical storm. I feel that we were misled by our Board of Directors. 718.111(11)(k) makes no mention of windows and doors. I feel that we were told that we were only voting on windows and door repair/replacement responsibility. We were not informed that a yes vote would make us responsible for wallboard damage/replacement.
Comments, please. Thank you.