Q-A number of our unit owners complain that the swimming pool is not properly heated most of the time. The board of directors contend that a small number of people use the pool and that it is too expensive to heat the pool all of the time for just a few. What remedies do we have in order to obtain a properly heated pool?
A-The board has the responsibility to maintain the facilities and services offered to and expected by the people who purchased units in the complex. I would bet there is nothing in the bylaw instructions to the directors telling them to cut back on and restrict services instead of raising more money to pay for them. The same board could conceivably consider shutting down the elevators at night or not fertilizing the lawns this year. I don`t believe they have the right to make any of those decisions.
Their job is to maintain and protect the property and its amenities, not to delete them.
As for reducing the cost of heating the pool, there are several ways. First, save up to 15 percent by covering it with an inexpensive bubble blanket at night. Second, look into the installation of a passive solar heating system as a primary or secondary source of heat. Third, consider installation of a new geo-thermal type of heating system that can save as much as 50 percent of the heating cost, depending upon your present installation.
Q-Can a condominium association refuse to accept from a renter a lease that does not conform to the cumbersome lease they use? Also, should an association take the time and money to check out prospective renters brought to them by real estate agents when the agents, who are better qualified than the association board, already have checked out the prospects? Are condominium associations required to pay unit owner members interest on monies assessed for reserves to be used for future replacement of roofs, etc.?
A-Yes, the association may refuse special leases, but usually the special clauses required by the association can be attached, signed and made a legal part of the lease form you are using without having to rewrite the lease.
Yes, the association should check on the prospects. The real estate
”agents” may be better qualified to judge, but they have as their end goal to make a commission by renting the apartment, whereas the association`s goal is to be sure the renter is qualified, has a history of being a good neighbor and fits the profile of the existing membership. They must take care, of course, not to violate his civil rights by making decisions based on the prospect`s race, sex, religion, nationality.
No condominium I know of is required to pay interest to unit owners for deposits to the reserve fund for replacement and deferred maintenance. As a rule, the interest earned, through the investment of the unused monies, usually keeps pace with the rate of inflation. In this way, the fund tends to keep up with the increased cost of replacement.
If the condominium made a profit on the reserve accounts, I would agree that it should be shared with the contributing members of the association. However, since the interest earned is needed to defray increased costs in the future, it is better to leave it in the reserve.
Q-We have appointed a new board. Can any member of the board, without approval from any other members of the board, buy equipment and receive payment for it?
A-The board is responsible for the management of the condominium. This function usually involves purchasing and paying for equipment and materials. In most condos, all members of the board usually do not vote on each purchase. It would not be practical for the day-to-day operations.
While many associations have a paid manager who does the purchasing, others designate individuals on the board or committee to buy necessary items for the condo. Regardless of who does the buying, the whole board is always responsible and may be held accountable.
More Top Picks Best Green Screens For Content Creators
Have a question about condominiums? Send it to Condo Line, the Miami Herald, 1 Herald Plaze, Miami, Fla. 33101. Questions of general interest will be answered as space permits. Sorry, no personal replies.