FREQUENTLY ASKED QUESTIONS AND ANSWERS
GABLES TERRACE CONDOMINIUM ASSOCIATION, INC
What are my voting rights in the condominium association?
The owner(s) of each Unit shall be entitled to one (1) vote on each issue which comes before the condominium association requiring unit owner approval. If a unit is owned by more than one person or by an entity (i.e., a corporation, partnership, or trust), the unit owner shall file with the association a voting certificate designating the person entitled to vote for the unit. The designation made by voting certificate may be changed at any time by the owner(s) of the unit. On certain matters (such as waiving or reducing reserves; waiving financial statements; or amending the declaration, articles, or bylaws) a limited proxy may be given by the unit owner to another person to cast a vote for the unit owner in his or her absence. Unit owners should be aware that most day to day decisions of the association are made by the board of directors (and do not require a vote of unit owners).
What restrictions exist in the condominium documents on my right to use my unit?
In order to establish harmony in the community, the condominium documents establish certain restriction on the permitted uses of units. The following is a brief summary of certain of the restrictions applicable to all units (except for units retained by the developer of the condominium):
Use – The Residential Units are to be used for residential purposes only and the number of permanent occupants permitted in such a unit is limited based on the size of the unit.
Children – Although children are required to be supervised when using recreational or common facilities, there are no limitations on children residing in the community.
Pets – One (1) dog or cat (under 50 pounds) may be maintained in each Residential Unit, provided that the dog or cat is supervised at all times and does not become a nuisance.
Alterations – Generally, a unit owner is not permitted to make any alterations to his or her unit or the common elements without first submitting plans for same to the board of directors and receiving approval. The board of directors is authorized to make its decisions on purely aesthetic grounds, and may condition approvals as it deems appropriate.
Nuisances – Except as may be provided in the Declaration of Condominium, a unit owner or occupant shall not commit or permit any nuisance, nor any hazardous or illegal act, in his unit or on the common elements, or permit anything to be done or to be kept in his unit which will increase the insurance rates on his unit or the common elements or which will obstruct or interfere with the right of other members or annoy them by unreasonable noises or otherwise.
What restrictions exist in the condominium documents on the leasing of my unit?
Leasing of Units is permitted provided that every lease, be it oral or written, shall be deemed to require that the tenant thereof be be governed by and comply with the provisions of the Declaration, the By-Laws, the Articles of Incorporation and any applicable Rules and Regulations of the Association and shall provide that the condominium association may evict the tenant in the event of a violation by the tenant of the condominium documents. A Unit may not be leased for a term of less than thirty (30) days. A Unit Owner and a tenant or occupant of his Unit are jointly and and separately liable for the tenant’s or occupant’s violation of any provision of the Declaration of Condominium and the Condominium Association’s Rules and Regulations. In connection with the leasing of a Residential Unit, the condominium association may require the prospective lessee to place a security deposit with the Association to offset damages to the common elements caused by such lessee.
How much are my assessments to the condominium association for my unit type and when are they due?
Each unit is assessed an equal 1/108 obligation of the overall estimated operating budget of the association based upon the current estimated operating budget for each unit, regardless of unit type or of the number of square feet contained in the Unit. Each Unit pays monthly installments of the annual assessments in the amount of $449.00 (including reserves), as set forth in the Operating Budget. Assessments may increase or decrease based on changes to the Budget for the Association and, if the Association needs funds in excess of those reflected in the budget, it may adopt a special assessment which would require payment by the unit owner in excess of the amounts set forth above. Monthly assessments are due by the 5th of each month.
Do I have to be a member in any other association? If so, what is the name of the association and what are my voting rights in this association? Also, how much are my assessments?
You are not obligated to join any other association other than the condominium association.
Am I required to pay rent or land use fees for recreational or other commonly used facilities? If so, how much am I obligated to pay annually?
The unit owners are not obligated to pay rent or land use fees for recreational and other commonly used facilities. The expenses related to the operation, repair
and replacement of those facilities are built into the estimated operating budget or the condominium association and are paid for by unit owners through assessments. The association has reserved the right to charge a unit owner a reasonable fee (and require a security deposit) when a unit owner wants to reserve exclusive use of a meeting or party room.
Is the condominium association or any other mandatory membership association involved in any court cases in which it may face liability in excess of $100,000.00? If so, identify each such case.
The association is not presently a party to litigation in which the liability exceeds $100,000.00.
The foregoing is provided in accordance with Section 718.503, Florida Statutes, as a guide to some of the matters that are of interest to purchasers when buying a condominium unit. This is not, however, intended to present a complete summary of all the provisions of the various condominium documents.
NOTE: THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES EXHIBITS HERETO, THE SALES AGREEMENT AND THE CONDOMINIUM DOCUMENTS FOR COMPLETE DETAILS.