N.A. from Collier County, Florida writes:
Dear Mister Condo,
I have a dock (15 years-old) deeded to me. The association decided the dock needs to be at the main walkway level.Rather than raise the dock, it was decided to replace it. Not all docks were replaced just raised. Do they have the authority to replace rather than raise and bill me without consulting with me and my permission?
Mister Condo replies:
N.A, most likely, yes. You may have deeded use of the dock but you certainly don’t have ownership. It is an association asset and, as such, under the purview of the Board to maintain, manage, replace, and whatever else they may wish to do with it. It was bad form on their part to not keep all unit owners informed of their plans, but I don’t believe they exceeded their authority from what you have told me. If your governance documents state otherwise, I might change my opinion. Keep in mind that the best way to “thank” a Board that has not acted in the best interests of the folks that elected them is to return the favor and vote them out of office at the next election. Perhaps you would consider volunteering your time to serve on the Board, N.A.? That way you would know exactly what challenges the Board is facing and why they make the decisions they make. All the best!
1 thought on “Condo Owner Questions Board’s Authority to Replace Deeded Dock at his Expense”
I agree except if the documents state an amount the Board is allowed to borrow or spend they should then have informed the owners. Therefore you would have recourse. I would read your documents and make sure there is no limit on what they can spend. Also check your laws within the state have your legislators passed bills on amounts the Board can spend and with the notification of such to its owners.