Link: Approvals to Alter Condominium Property Must be Made at a Properly Noticed Board Meeting

This article (link below) comes from Florida condo association specialist lawyer Joseph E. Adams.



May 3 2016-Manager’s Meeting, Portofino South


Background checks for residents

Background checks are performed for all new residents. However, the association does not deny anyone on the basis of having a criminal record. The association’s next condo legal documents will have a provision that ownership can be denied to anyone with a felony within the last ten years.


There will probably be a special assessment for owners, but the amount and date have not been decided.

Work on roof

Concrete restoration will take place on the roof next week.

New entrance

A new pedestrian entry gate to S. Flagler is being prepared.

Complaints about service animals and swimmers

Residents complained of wetness and feces in elevators from dogs and swimmers. The office will send a letter reminding residents to please stay dry in the elevators and use the service elevator if possible.

Pet regulations under the next condo legal documents

The next condo legal documents will make Portofino South a “pet-friendly” building. The association can then set rules about where pets can enter and exit the building and which elevators they can use. One cat or one dog will be allowed per unit. Service and emotional support animals regulations will not be affected.

Next condo legal documents approval

Board member GD thinks our new legal documents cannot be put to a vote by owners until November due to many people leaving for the summer.

Blog mentioned

This blog was mentioned by GD as “detrimental” to unit property values. Several people wanted the blog removed and several people had never visited the blog and wanted the web address for it. The blog’s most popular post appears to be “The Miramar”  my investigation of the history of the hotel that was here before the condominium was built.

Condo Meeting March 15, 2016

Portofino South, West Palm Beach, Board Meeting March 15, 2016

All board members present except K G who called in around the middle of the meeting.

It was announced that the first Tuesday of each month at 7:00pm going forward, Frank the manager will hold an open meeting. He invites all condo owners to come in and ask questions or voice complaints.

Martha board president mentioned that the four white boxes surrounding the entrance fountain were removed since nothing will grow because of the wind and chemicals in the fountain.

Martha also mentioned that the board would be willing to take questions or comments from the audience after the board has discussed a topic

A letter from B L about the website was brought up by BG. She said she had not seen it before she saw it in her packet before the meeting. H M said she had received it a week ago and took it upon herself to answer it. She read her letter saying the board had chosen the least costly option and the purpose of informing the owners was achieved. BG said the website was inadequate and that it was not generating that much info. GD mentioned that they had looked at much more expensive websites and rejected them. He had not been on the website yet. BG mentioned that condo owners should be automatically notified with new postings….one service which does that is called Constant Contact. The office said they were looking in to it.

GD gave financials: two condos in arrears for two months

Pool Discussion:

The total cost of repair was around $31,000. Still holding final payment as there are four missing tiles.

BG wanted a full accounting for the pool.

Pool project is complete and the temperature is holding at 86 degrees. Seems there is no more water leaking. Before it was leaking 3 to 4 inches a day. Auto fill is working.

Cooling Tower:

As it is so old that the whole thing might have to be rebuilt, we are talking about a large amount to repair. Engineer is being sought for this project.

Redoing the parking lots:

Redoing the parking lots is complicated by drainage problems. The board was given two engineers to choose from.

As there are three coats of sealant already on it, to fix sinkholes the ground must be dug up at least one or two feet for it to be refinished. The drainage problem could be handled in two different ways either by laying new pipe or by blowing new pipes into the old ones.

The city will get involved and will demand handicap parking on this side and dividers every 10 spaces. We will have to conform to current city code. We will lose some spaces.

We will have to hire site planners and landscapers who hopefully can deal with the city

This project could run about $500,000.00. Timeline is about 4 months.

M L asked if we could appeal some code requirements. It was mentioned that is what the site planners can help us do.



Frank’s work to clean it up was not successful so it has to be redone. Estimates were given for the special wood and the installation which is separate. Labor would be around $ 2500 ( Designer Builder)and cost of wood ( Finlanda) is about $2525. Board did not approve the expense as only one carpenter bid had been submitted.

A guest in # 912 was interviewed as she is staying longer than a month.

Decorating committee met

The audience asked:

Do you have flip or transfer taxes in Florida?

We should have a project manager as these jobs are so large and technical. We have three large jobs to complete and coordinated.

We are lucking to have Greg doing as much as he does.

PR said if we are thinking of spending such large amounts of money we should try to get good estimates for the projects and then tell the condo owners, who might want to sell their apartments.

All these contracts must be sent to the lawyer for review. The pool contract wasn’t sent to the lawyer, as it adds expense up front.

Frank called the insurance people and the pool lighting is sufficient for extended night hours. The pool is now open till 9:30 along with the barbecue.

Hopefully people will be respectful of noise. Doorman should be called with noise complaint and to check if the grill is shut off.

Status of the Docs:

BG deferred to PA

Once the docs (containing bylaws, rules & regulations, articles of incorporation) are finished the lawyer has instructed the board to give them to the condo owners for a yes or no vote, all or nothing. They have been in the works for about three years. The rules and regulations must be in your declaration of condo by laws, not separate, or they have no teeth.

Condo Rules Become More Like Co op Rules

Condos Steal a Page (or 20) From Co-ops

Published: July 14, 2011

AT first glance, 255 Hudson Street looks like a typical SoHo condominium, with a soaring glass facade, million-dollar listings and a chic designer lobby. But despite having housed entertainment figures like Bethenny Frankel and Kirsten Dunst, this building has more in common with a conservative Park Avenue co-op than a celebrity-friendly downtown high rise.

Yana Paskova for The New York Times

EAST SIDE Carl Seligson, the board president of Carnegie Hill Tower on 94th Street, says it is a board’s fiduciary duty to find strong buyers.

Yana Paskova for The New York Times

SOHO At 255 Hudson Street, a 13-page application asks for detailed financial records.

The condominium, just north of Canal Street, has a 13-page application that requires buyers to provide multiple years of tax returns, bank statements, and personal and business references. “Tell me how this is much different than buying in a co-op?” said Edward E. Longley, a senior vice president at City Connections Realty, who represented an Italian man who bought a one-bedroom in the building earlier this year.

Continue at:Condos Steal a Page (or 20) From Co-ops  at The New York Times

Important new Florida condo rules

BANKS TO PAY MORE? NOTFlorida Statute 718.116 has been amended to increase the liability of abank from 6 months to 12 months of unpaid assessments or 1% of the original mortgage whichever is less,when they foreclose and take title to a condominium unit. This is the most disappointing amendment of all. Despite all the hoopla – the bank’s liability to the association did not double -because the 1% cap still remains in place. In the overwhelming majority of cases, the bank will stillonly pay the association 1% of the mortgage andtheir liability to the association has not changed atall. A true doubling of the bank’s liability would have increased their cap to 2% of the mortgage.Next to nothing was gained here and worse yet,the less expensive the condominium unit is, the less likely it is that the bank’s liability increased to the association at all.

SUSPENSION OF USE RIGHTS In a condominium, if a unit owner is delinquent for more than 90 days paying a monetary obligation due tothe association, the association may now suspend the right of a unit owner or unit’s occupant, licensee or invitee to use common elements, common facilities or any other association property until the monetary obligationis paid.

EDUCATING BOARD MEMBERS In a condominium, a newly elected Board member can either sign an affidavit attesting that he or she has read the governing documents and Fla. Stat.718 or take an approved division course. Call ore-mail us if you are interested in our free DBPR approved seminar.

BOARD ELIGIBILITY The statute has now been amended to provide that in a condominium, a person who is delinquent in the payment of any fee, any fine, orpayment of any special or regular assessment inexcess of ninety (90) days is not eligible for board membership. Furthermore, any director or officer more than 90 days delinquent in the payment ofany monetary obligation due to the association isdeemed to have abandoned the office. The association may also suspend the voting rights of a member due to non payment of any monetary obligation due to the association which is more than 90 days delinquent.

EVICTING TENANTS For both condominiums and HOAs, the law now allows the association to demand that the tenant pay their rent directly to the association, instead of paying it to their landlord, if their landlord becomesdelinquent in paying any monetary obligation to the association. If the tenant fails to comply, the tenant can be evicted by the association.

all information is from