WE MUST STAND TOGETHER…
By
Rafael Aquino
Published January 18, 2023
Florida's associations are facing a slew of
increases in assessments that seem to have no end. The increase
comes from all sides: increased insurance premiums, increased cost
of labor, increased utilities, increased contract prices, mandatory
reserves for condominiums, potential changes to the estoppel
certificate, etc.
One of the biggest challenges that Florida condos
will face with the new reserve requirements is the cost of complying
with them. To meet the new reserve requirements, condos must set
aside a significant amount of money to cover future repairs and
replacements. While I support the need to have mandatory reserves
for condo associations, this can be a substantial financial burden
for many condos, particularly those already struggling financially.
Another challenge that condos will face with the
new reserve requirements is the difficulty of accurately estimating
the cost of future repairs and replacements. To comply with the new
reserve requirements, condos must accurately estimate future repairs
and replacement costs. These estimates will be determined by a
structural integrity reserve study that an engineer must conduct.
Further, discussions are being held by our
legislators to eliminate the need to charge for an estoppel
certificate. An estoppel certificate for a condominium association
is a document that provides information about the financial status
and obligations of the association. The estoppel certificate
typically includes information such as the amount of any outstanding
assessments or fees, any known upcoming special assessments, pending
legal actions, parking space number, and any rules or regulations
the buyer should be aware of. The certificate is typically used in
real estate transactions when a buyer purchases a unit in an HOA/condominium
complex. The management company or association will provide the
certificate to the buyer through the seller. The estoppel
certificate is essential for buyers to understand the financial
obligations they will be taking on while purchasing the unit. If
these fees are eliminated, management companies will have no choice
but to pass on these expenses to their associations. Those
self-managed communities that complete the estoppel certificate
themselves will also need to increase assessments for the loss of
income.
Lastly, I agree with Eric's point on Monday; how
can all these changes to the law occur and Board Members still not
be required to take a mandatory class? If a board member doesn't
have four hours to dedicate to an online course that will teach you
what you need to be aware of and the responsibilities/duties you
have to the residents, I wonder if that person should be sitting on
the board.
Florida community associations have a powerful
voice when we come together to lobby our legislators to improve our
HOA/Condo laws. By working together as a group, we can raise
awareness about the issues that are important to us and make our
voices heard by those who have the power to make changes. Whether
addressing concerns about the new reserve requirements, mandatory
board certification classes or leaving the status quo with the
estoppel certificates, our collective action can make a real
difference. To be effective, we all must get involved, stay
informed, and make our opinions known to our legislators. Let's
unite and make our voices heard so our community associations can
thrive.
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