Saturday, December 16, 2017
Home and Garden

Community Living: Account info, HOA statute sought after overpayment

Account info sought after overpayment

Q: I am an agent for an LLC that owns a rental unit. Last year, I made double-fee payments. I called the management company and requested information on my account. They asked me to send an email to request the information. To date they have not answered. I emailed the Ombudsman Department but they answered that they do not deal with homeowners associations. They referred me to the statute for HOA: FS 720. Please help me find the statute and the correct department or person, or the procedure to recover the funds.

A: As you found, there is no state agency to help HOA. You can buy a copy of the statute, FS 720 for HOA, by calling the state at (850) 488-1122. Or you can read it online at leg.state.fl.us. Click on statutes and follow the links to FS 720.

However, there's a simple answer: Send a certified letter to the board of directors and ask that they provide you a copy of your account record. You can ask for a refund on the overpayment. Sometimes you must mail the letter to the management company, but address it to the board of directors in care of management.

Who's to blame for sprinkler damage?

Q: I have a sprinkler issue. My unit was damage by a faulty sprinkler. The board says the condominium is not responsible for the damage. Our documents do not support the board's answer. Would you please advise me? Who is responsible since the sprinkler belongs to the association?

A: My guess is that this is one of the most difficult situations for members to understand. The condominium is not responsible for loss or damage to your personal property regardless of the source of the water or other causes.

FS 718.111 includes a section that says the association is not responsible for damage to personal property loss. It continues to say that each unit owner must provide insurance to protect against personal property losses.

The condominium would be responsible for repairing the sprinkler and any unfinished drywall but other than that you must file an insurance claim against your insurance. If you do not have insurance as the statutes require, you must pay for your loss. To confirm my answer, talk to your insurance agent or engage an agent.

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