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WHY DO THEY PAY LESS THAN I DO?
By
Eric Glazer, Esq.
Published February 10, 2020
So why is it that in some condos and HOAs the
bigger the unit or the bigger the home does not necessarily mean
the bigger the monthly assessment payment?
For condominiums built before 1992, the
developer was able to create a set of documents where anything
goes when it comes to what a particular unit will pay each month
toward the condominium assessment. For example, the documents
can say:
a.
All units pay equally regardless of
size;
b.
The larger units pay more – but not
based upon any specific criteria;
c.
The larger units pay more based upon a
break down by square footage.
d.
Some units will simply pay more than
others regardless of size, and some units of the same size will
simply pay more than others the same size.
In 1992 however The Florida Legislature
passed a law that said from now on when a developer builds a
condominium, everyone’s monthly assessment will be either:
a.
Everyone paying the same amount; or
b.
Everyone’s payment will be
specifically based upon the square footage of the unit.
In other words, no more making some units
pay more in assessments than units that are the exact same size.
For HOAs, the statute says:
720.308 Assessments and charges.—
(1) ASSESSMENTS.—For any community created after
October 1, 1995, the governing documents must describe the
manner in which expenses are shared and specify the member’s
proportional share thereof.
(a) Assessments levied pursuant to the annual
budget or special assessment must be in the member’s
proportional share of expenses as described in the governing
document, which share may be different among classes of parcels
based upon the state of development thereof, levels of services
received by the applicable members, or other relevant factors.
Interestingly enough, even though the HOA statute would allow
the association to charge some owners more than others (bigger
homes and lots more than smaller homes or lots where the
association provides more services to the larger lot) I don’t
believe I’m aware of any HOA where that’s the case. In an HOA,
everyone pays the same no matter how big or small your lot or
home is. (If yours is different, please chime in)
Keep in
mind, these payment obligations are not simply in regard to your
monthly assessments, but are also used to determine the amount
of your special assessments if any.
It’s also interesting to hear some of the arguments that I have
heard over the years as to why it’s unfair to charge me the same
as everyone else. For example
a.
I live on the first floor, why should
I have to contribute to the cost of the elevator or to repair
it?
b.
I don’t drive a car. Why should I
have to pay to repair the parking lot?
Needless to
say, these arguments are losers. It’s one for all, all for one.
However,
there is one expanse that associations must stop and think about
in their budgets because the allocation of that expense can be
tricky. To learn about this however, you will have to read next
week’s blog.
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About
HOA & Condo Blog
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Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
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decades and is the owner of Glazer
and Sachs, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.
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