The Condo Consultant from the PB Post

By Ryan Poliakoff – Special to The Palm Beach Post

Question: Can new owners arbitrarily turn their apartments into “condotels” (meaning renting on a weekly or even daily basis) if the documents specifically state that, “the purpose of this covenant in this section is to maintain a congenial, residential community, non-transitory in nature, and this covenant shall exist until this Declaration is modified or until the condominium apartment project is terminated as hereinafter provided”?

The definitions of “residential” and “transitory” are clearly stated in the Florida Statues. Can owners do something about this situation and return our building to a truly “residential” community? It seems that all owners were provided with copies of the declaration, so this should not be an issue of ignorance on their part. — P.R.

Answer: You make a very interesting argument, but I don’t think that the covenant you quoted is enough to constitute a rental restriction, or to give the board the power to create rental restrictions by rule, particularly in a condominium. A leasing restriction is a restraint on transferring a possessory interest in property, and such restrictions are judged at a higher standard than most other restrictions. The language you quoted seems to be part of a broader discussion, probably about approving sales and rights of first refusal. But, if your declaration is silent about leasing, the language in your governing documents is probably not specific enough to enable the board to restrict leasing on its own. You would have to amend the declaration of condominium — and then, many leasing restrictions can be enforced only against new owners who purchase their units after the amendment is adopted, and owners who consent to the amendment. Most amendments creating leasing restrictions are not enforceable against existing unit owners who do not vote in favor the leasing amendment.


Auto Taken Out of Parking Lot

Saturday morning 11/28/2015 around 5:00 am an owners car was taken from a slot very near the front door. It was a 2013 Toyota.

Be aware to lock your cars and if they have alarms maybe use them.

The police are investigating and saw our video. Do not know much more than that.

Wed night after the above post update:

Not to go into too many details but the owner of the stolen car came to my apt to tell me that I should not talk about her theft at the building meeting or there would be consequences. I did not discuss this at the building meeting but  the whole building is talking about it so why me? Please read the following post on Sunday that comes from someone else on the internet about the theft.



Condo Meeting Nov 18,2015

Portofino South Condo Meeting November 18, 2015

In attendance: P.Reid, M. Lee, P. Kittenger, Betsy Gori, Gregg Delia, M. Leider and on the phone K.Gornick and H.MacDonald

John Schaefer was appointed to the board by President Martha Lee to replace the vacancy left by Marty Dunetz. Both Parker and Helen challenged the method of choosing a new board member but after discussion John was welcomed to the board. He serves through 2016.

The budget was discussed, especially the loan, emergency fund and the reserves in the Treasurers report

We have had three months that no one is in arrears

We will have an increase of $2.00 to our maintenance bills because of an increase in Comcast charges

Manager’s Report:

Schlindler Elevator will start to service our elevators starting in December

There is a crack near the bedroom window of unit 910 that the building is responsible to fix. The painting and restoration was done about five years ago and will be done again in two years from now.

Fencing around the eastern parking lot was discussed: wind and wear has caused parts to fall

Options: PVC white, chain link, just hedges

Discussion: costs of each, water source, our existing labor to take care of it

Suggestion from a member of the board to get a landscape architect to consult, suggested Rob Stein

Trouble finding an engineer for the cooling tower

Pool: the building manager has obtained three bids to resurface from $31,000 to $24,000.

Discussion: perhaps change to salt water instead of chlorine

What time of year to do it? January when it is cold?

Possible leak around the edge

We have a plaster pool would salt damage it?

Pool has to be emptied and maybe would take a week

Drainage lines video taken of the flow through especially for the parking lots- there are holes in both lots caused by drainage problems. The audience asked if they were sink holes and they assured the owner that they were not

New layout of parking lot, the city will have to be involved- discussed spaces for scooters and more handicap parking

Holes in the parking lot were discussed before at a special meeting no minutes available

Mentioned new rule for no loud construction or improvement between Dec 15th and March 15th  

Discussion of new pet rules- no limit on size of dogs

Discussed about problems with guests, frequent roommates, paying guests? And borders in let rooms within apartments

Parking of pick-up trucks for personal use is only in the east lot also scooters


Meeting ended close to 9 o’clock.


Note: Rumors around the building are that V Ross caused a disturbance which is very far from the truth.

She has received many apologies for being handled incorrectly and roughly.