The right to charge transfer fees, architecture standards, and swimming pool rules.

This content originally appeared in the TC Palm on May 6, 2018.

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: Does a condominium association board have the right to charge a transfer fee when there is no mention of a fee in the documents or rules of the condominium? Additionally, does a condominium board have the right to charge a $100 fee for a married couple looking to rent a unit and $200 to two single people looking to rent a comparable unit?  

-H.R., Delray Beach

A: Pursuant to Section 718.112(2)(a)(i), Fla. Stat., an association only has the right to charge an application or transfer fee in connection with the sale or lease of a unit if the association’s governing documents expressly state that (1) the association has the right to approve a sale or lease, and (2) the association may charge a transfer fee. With regard to the amount of the fee, the same section of the Statute provides that the transfer fee may not exceed $100 per applicant, other than a husband and wife or parent and dependent child, because they are considered one applicant; meaning a husband and wife (or parent and dependent child) can only be charged a maximum of $100.

We recommend that you seek counsel from a qualified Florida Bar licensed attorney so they can review your association’s governing documents and advise whether your governing documents have the language required to approve leases and charge the transfer fee.

Q: Does a homeowner’s association board have the right to require owners to purchase replacement roof tiles from a single tile manufacturer?  

-B.V., Boca Raton

A: The short answer is no. However, if the homeowner’s association board has implemented specific architectural guidelines with regard to the tile number, color, size, and shape from one manufacturer, then any replacement tile must conform to those specifications. Therefore, while the owners will have the option of purchasing the tile from another manufacturer, if no other manufacturer can match the specifications of the architectural guidelines, then the owners would have no option but to purchase the tile from that manufacturer.  

Q: Does a condominium association board have the right to deny entrance and use of the swimming pool to a child under the age of two?  

-E.R., Ft. Pierce

A: As with the question above, the short answer is no. However, the board does have the right to implement certain rules and regulations with respect to children under the age of two using the pool. For example, the board can require that children under the age of two cannot swim in the pool without a guardian.

Avi S. Tryson, Esq., is Partner of the Law Firm Goede, Adamczyk, DeBoest & Cross. Ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. 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.