Editor’s note: Attorneys at Goede, Adamczyk, DeBoest & Cross respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, civil litigation, estate planning and commercial transactions.
Q: I was recently informed by our association manager that as a resident I’m required to provide them with my proof of auto insurance info because they’re liable if something happened involving my vehicle on their property. It looks to me like the local law enforcement would be who I will need to prove I have insurance coverage to in the event something happened. The law requires auto insurance but what business is it of the HOA? I live in an un-gated townhome community and am a homeowner.
—B.C., Port St. Lucie
A: Unless your association’s governing documents require each owner to provide proof of auto insurance, you would not have any obligation to provide a copy of your policy to the association. We recommend that you consult with a Florida licensed attorney, so they can review your community’s governing documents and determine whether this obligation exists.
Q: I’m on the board of a condominium association and we want to place limitations on how long guests can part their cars in visitor spots. Can we do that? Are there any city or county laws that we have to follow? Thank you for your advice.
A: If your association’s governing documents gives the board the right to make rules governing the association’s common elements, the answer is yes. With regard to any city or county laws that you have to follow, depending on the status of the parking spaces (such as if any of the spaces are handicapped spaces), you will have to follow the applicable city or county laws (or state or federal laws, if applicable). We recommend that you consult with a Florida licensed attorney, so they can review your governing documents and the applicable laws to determine what rules the board can make regarding the visitor spots.
Q: Hi, I live in a condominium association. I just received a notice from our board that the City has asked our permission to put their Christmas tree on the green space in the front of our property (close to the street). Can the board make this decision without approval from the owners? And if this is approved, are there any concerns that we should know about?
—J.G., Boca Raton
A: Assuming that the association’s green space is not a limited common element of one or several owners, the board by itself can approve the City putting its Christmas tree on the association’s green space. Please note that the approval would need to be obtained at a duly noticed board meeting (i.e. with 48 hours prior notice). If the board approves of this action, we recommend that the association enter into a written agreement with the City memorializing the terms of the approval (i.e. the specific dates for the construction and removal of the tree; that the City would indemnify and hold the association harmless agreement from any liability, claims, lawsuits, etc. that result from the tree being on the property; and that the City adds the association as an additional insured and loss-payee on the City’s insurance policy).
Avi S. Tryson, Esq., is Partner of the Law Firm Goede, Adamczyk, DeBoest & Cross. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: firstname.lastname@example.org. The information provided herein is for informational purposes only and should not be construed as legal advice.
The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
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