Various Concerns
Various Concerns
The following are concerns neighbors have raised. Perhaps they are of concern to you as well.
They are not in any particular order.
The following are concerns neighbors have raised. Perhaps they are of concern to you as well.
They are not in any particular order.
For two years, the Association's attorney at the behest of the Board has been attempting to address a situation some residents have found very disturbing. Rather than attempting to explain it here, I suggest you read the legal complaint, which can be accessed through eCaseView for Palm Beach County.
Go to: https://appsgp.mypalmbeachclerk.com/eCaseView/
Sign in as a guest.
Search for case number: 50-2022-CA-008465-XXXX-MB
Click on the case number.
Click on the "Docket & Documents" tab.
Find the Complaint and click on the far left icon to download it and read it.
I routinely hear people complain about the lawn mowing. In front and to the side of my unit there have been numerous divots created from speeding movers turning abruptly.
I also routinely hear people complain about the haphazard plantings around the community -- the lack of continuity and diminished appeal (and value) of our property given how it looks.
Rusted and crumbling doors not replaced.
No monitoring of water heaters for signs of pending ruptures.
Landscaping not done. Association is responsible for ALL landscaping, including the perimeters of each building - this is in the Declaration (see section XVI B.)
Entryway, back of building lights, and utility room lights never inspected or cleaned.
Sprinkler system: There were many problems, but the new (2025) Board has replaced the contractor and things have improved considerably. Yea!
I have heard from numerous neighbors that non-residents are renting the clubhouse for private parties. Some of these parties are loud, and even have gone on until approximately 3:30 AM. Visitors have been found parking their cars on our lawn, and speeding up and down Lakefront Blvd. Multiple neighbors have raised concerns with the Board, only to report being dismissed.
Why is our clubhouse being used by non-residents? This is in violation of our Rules and Regulations (Rule 6.11).
Do unit owners want the clubhouse used by non-residents?
Are those non-residents paying enough to cover all the expenses (electricity, water, soap, paper towels, wear & tear, taxes, insurance, etc.) and make it worth it?
Are those non-residents carrying event insurance so that we aren't sued for personal injuries, etc.?
Are those non-residents abiding by our rules -- no nusiances, exiting the clubhouse by 11 PM, etc.?
Why are these non-residents using our clubhouse when they can rent another space, such as the South County Civic Center (link)?
Currently (Jan 2025), there is at least one unit that has been rented out in violation of our Declaration.
"No owner may lease the Owner's unit during the first two (2) year period of ownership measured from the date the Owner received title to the Unit." -- Declaration Amendments 1/31/2013 Section XII, I. B.
I propose leases over the last two years be reviewed. If any leases are in violation of the above rental limitation provision, then for those units a new 2 year moratorium on renting should be implemented after the current lease (maximum of 12 months) ends.
As unit owners, we are legally required to abide by the Rules & Regulations, etc. Unfortunately, this Association has not created and implemented a significant enforcement policy. This seems to have resulted in selective enforcement and costly enforcement in some cases (legal action, as opposed to a series of fines to bring someone into compliance).
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In addition, the Board has a fiduciary duty to abide by the Declaration (including the By Laws and Articles of Incorporation). Unfortunately, few Board members have taken the time to become familiar with our documents or the law (Chapters 718 and 617 of the Florida statutes). However, effective July 1, 2024, Board members must
Certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.
Will this happen? I'm doubtful. It will probably take formal complaints to the Division of Condominiums, or petitions for arbitration to the Division of Business and Professional Regulation to get the Board to comply and take the required education seriously.
One small dumpster seems insufficient for a 368 unit condominium. In addition, at one point, we received a notice from the Board telling us we can't use it, as it is only for Clubhouse use! That's crazy. There are numerous reasons residents have extra garbage or need to dispose of it on a non-pickup day (e.g. heading out of town).
In addition, the garbage dumpster is an eyesore, particularly when it is loaded up and overflowing. Wouldn't it be nice to have it concealed in some manner, but still accessible? Maybe down the road?
Some residents have been allowed to build patios at the back (and a couple in front) of their units. All of the property around units are "common elements," meaning we own the property together. What the Board has allowed is for people to effectively convert "common elements" to "limited common elements," for their exclusive use. In addition, the Board arbitrarily let some people put in 6' patios and others 8' patios.
This action of the Board appears to raise at least one legal issue:
Conversion of "common elements" to "limited common elements." As I read our declaration and the law, this requires ratification by 100% of the Unit Owners because it prejudices each of our rights when common elements are taken away from us.
The current Board needs to discuss this situation with a competent condominium attorney & do what is necessary to codify the patio situation. The size and requirements need to be uniform and available to each unit owner. And if the patios remain as common elements, that needs to be communicated to each owner needs and walling them off (with plants or other barriers) needs to be limited or prohibited.
See: "Defining and Maintaining Condominium Common Elements in Florida"
1.03 Pet Restrictions. We are a No-Pet Community. Service/Emotional Support Animals under 25 lbs. are allowed but must have the appropriate paperwork registered with the office. All vaccines must be documented yearly. The only exceptions are approved fish in an aquarium and domestic pet birds, which must be kept inside the Units, if they are not bothersome to neighbors. The Unit Owner is required to obtain prior written Association approval for any pets, aquarium, or birds. Guests must be advised prior to their arrival that they may not bring pets.
There doesn't appear to be any consistent enforcement of this rule, which is based on the following from the Declaration:
Except as provided under the Rules and Regulations, a Unit Owner: shall not keep any pet in his. Unit unless expressly permitted in writing by the Association, nor keep any other animals, livestock or poultry nor may any of the same be raised, bred or kept upon any portion of the Condominium Property.
It is the Board's fiduciary responsibility to enforce the Rules & Regulations when violations are known or are brought to the Board's attention.
So if the Board has decided not to enforce the Pet Restrictions, then shouldn't they attempt to amend the Declaration and change the Rule accordingly? Otherwise, the rule becomes meaningless. People buying units here have the right to expect it to be pet-free (with the exception of documented service animals and emotional-support animals). In fact, someone could sue on this issue alone. Why is the Board willing to open us up to such exposure?
As the National Cancer Institute notes (link):
"There is no safe level of exposure to secondhand smoke. Even low levels of secondhand smoke can be harmful."
Residents should be restricted to smoking either in their units or in a designated smoking area on the property, an area away from the residential buildings.
Solar Panels, another material alteration like the change in paint colors, were allowed to be installed in buildings without a ratification vote. That being said, Florida statutes promote solar, so it is unlikely one could successfully contest it. And, truthfully, I'm happy we support solar.
The contracts with Sunnova (the leasing company) include and removal and reinstallation is when a new roof is being put on. That's a big plus. Hopefully, anyone who didn't lease, but rather bought them, understands removal and reinstallation is their responsibility, not the Association's.