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Condominium Associations vs Florida LawCondominium Associations vs Florida Law

Condominium Associations vs Florida Law – Who Wins?

17 Feb 2021

Condominium associations vs Florida law – who wins? The law always wins. However, the law allows condominium associations to decide how they want certain things done. In this article, we will be looking at what happens in cases where a condominium’s declaration says the association will not maintain limited common elements even though Florida law says it must. Then, we will see what happens when an association passes a rule banning a specific dog breed, like pit bulls, and one of the residents owned one before the association began enforcing the new rule.

 

Condominium Associations vs Florida Law – Maintenance and Repair of Limited Common Elements

 

The maintenance and repair of limited common elements is the responsibility of condominium associations under the Florida Condominium Statute. However, what happens if a declaration says the people responsible for the maintenance, repair, and replacement of the limited common elements in a condominium are those who are entitled to use them? Can a condominium association include a section in its declaration that directly contradicts the Florida Condominium Statue, or will the statue “win” no matter what?

 

Florida defines limited common elements in a condominium as common elements reserved for the use of certain units to the exclusion of the others. Section 718.113(1) of the Florida Statutes provides that maintenance and repair of the common elements in a condominium is the responsibility of the condominium association. However, that section also states that the declaration may provide that those entitled to use certain limited common elements shall maintain them or the association shall provide the maintenance either as a common expense or with the maintenance costs shared by those entitled to use the limited common elements in question. In other words, maintaining, repairing, and replacing limited common elements in a condominium is the responsibility of the association, unless the declaration states otherwise.

 

Condo Associations vs Florida Law – When a New Rule is Passed

 

Let us say a condominium association has recently passed a rule banning pit bulls and other dog breeds and one of the residents has had a pit bull since they moved in five years ago. The resident registered the dog with the association when they move in, obtaining their approval. Many other dogs in the condominium are on the new list of restrictions as well; however, the condominium association has never enforced rules against any dog breeds before. What happens if suddenly the association begins enforcing rules banning certain dog breeds? Would they be able to ask the resident with the pit bull to remove the dog from the condominium or would it be too late?

 

Since the association never took steps to enforce the rules prohibiting certain dog breeds before and they even approved the pit bull when its owner moved in, the association will not be able to force the owner to remove the dog. Even if the rule had already been passed when the pit bull owner moved in five years ago, the association cannot simply decide to begin enforcing the rule all of a sudden if they never did before.

 

This does not mean, however, that the resident can get another pit bull just because the association cannot force them to remove the first one. Now that the association is actively enforcing the rule banning pit bulls, they will be able to force the resident to remove the second dog, as long as they do not enforce the rule selectively.

 

To learn more, speak with experienced real estate professionals today – contact Marina Title by calling us at (305) 901-5628 or emailing us at Romy@MarinaTitle.com.

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