Q: Our condominium is ready to paint our villa buildings a new color following a 75 percent approval by all the owners. Our documents state that all screens, windows and doors are part of the unit and not a common element. It is the association’s intention to paint all garage doors a new color.
A few owners are claiming ownership of their garage doors and do not want them painted a new color. Which prevails — the right of the association to paint exteriors, or the ownership of the garage doors?
Do you have any suggestions as to how we might work this out?
– A.O., Sarasota
A: My best suggestion is to refer the matter to the association’s attorney for a review of the condominium documents to determine the responsibility to paint the exteriors of the garage doors.
The ownership of the doors is not necessarily the key to who has to paint them. Most condominiums control or perform exterior maintenance, repair and replacement of building exteriors so that the appearance is uniform. This protects property values.
Owners also benefit from an economy of scale: The association can usually obtain a better price in contracting to paint all the garage doors at once than one owner can by individually contracting to paint only one door.
The declaration of condominium should spell out the maintenance responsibility for the doors. In a condominium, it is not uncommon for the declaration to provide that the owner has the responsibility to replace exterior doors (per specifications adopted by the association), but that exterior painting is the responsibility of the association. The problem is that many documents are generic and might be unclear on maintenance responsibility for a specific component. That is why a legal review is necessary in the event of a dispute.
I also note that the association obtained the prior consent of 75 percent of the membership to change the exterior paint colors. This is consistent with established Florida case law and arbitration decisions that have held that, while painting is a maintenance function, changing the original exterior colors constitutes a “material alteration” to common elements that can only be made in the manner provided in Section 718.113(2), Florida Statutes.
A material alteration or substantial addition to the common elements can only be made in accordance with the procedure provided in the current declaration of condominium. If the declaration as originally recorded or as later amended is silent as to the procedure for changing paint colors, 75 percent of the total voting interests must agree.
It would be unwise to allow individual owners to select their own color palette. A bright red garage door in a sea of beige probably does not help property values. Although I admit it would make finding an individual unit in a sea of sameness much easier.
LOVE THY NEIGHBOR . . . OR ELSE
Here’s a story out of Jupiter on the east coast of Florida that gives new meaning to having an “explosive” neighbor.
An elderly woman passed away in her condo unit, and her death went unnoticed for weeks.
As a result, her body expanded and ultimately burst, causing extensive damage not only to her unit, but to the common elements and adjacent units as well. Those are all the details I have or care to know. I guess that there are companies that specialize in cleaning up death scenes. And, here I thought that the practice of law could sometimes be a bad gig.
One of the neighbors whose property was damaged sued her insurance company for failure to pay for the costs to repair the damage. A Florida appellate court ruled that the insurance contract, even if it included insurance for “explosions,” did not provide coverage for an event that did not meet the plain- language definition of an explosion. The bursting of a human body as a result of decomposition did not meet that definition.
I am not going to comment on the merits of the decision because I don’t know all the facts, but it does highlight a few points.
• Do not assume that just because you carry insurance that all claims made on the policy will be paid. More and more exclusions in policies appear based upon previous contested claims, such as exclusions for mold damage and sewer backups. Insurance companies are in the business of limiting their liability exposure.
• My second observation is based on a comment made by a resident in the building to a reporter that owners are making more of an effort to check on one another in the aftermath of the tragedy. That is positive. More and more people are opting to “age in place,” staying in their homes rather than transitioning to an assisted-living facility or nursing home.
No rational person wants to be the nosy neighbor or live next to one, but if something seems off with your neighbor’s normal behavior, like newspapers stacked up at the front door, don’t just ignore it.
Even if you feel uncomfortable knocking on your neighbor’s front door, let the association know your concerns. An association representative can contact the neighbor or alert law enforcement authorities of a need to conduct a “welfare check” to make sure everything is OK.
Associations need to know who is in residence, especially in case of an emergency, such as a hurricane, that requires evacuation. Policies should be in place to obtain and monitor owner contact information.
Community living has many benefits, one of which is sharing a common interest in the welfare of the community and its residents. Bad things, like an increase in crime, happen when neighbors ignore what’s going on around them. Neighbors serve as “eyes on the street,” and how bad would you feel if something like this happened next door to you, you speculated that something could be wrong, and you did nothing?
Maybe this unfortunate incident illustrates that you really should love your neighbor as yourself.
Or, if you are really cynical, that your neighbor’s misfortune may become your problem, too.
Tamela Eady is a Florida Bar board-certified real estate attorney with more than 25 years’ experience, concentrating her practice on community association and real estate legal matters. The subjects discussed in her columns are not intended as specific legal advice to anyone and are subject to principles that may change from time to time. Questions may be modified for clarity or for brevity. Email questions for possible inclusion in a future column to tke@eadylaw.com.
