WHO IS RESPONSIBLE in HUNTINGTON POINTE?
As a long-time board member, it’s been my experience that many unit owners don’t understand what kind of community we are, how it works, and who is responsible for repairs, maintenance, and improvements.
After moving into HP because my aging mother lived here, I had to do some serious research over a long period of time, before I fully understood how Florida Condo Law operates. In light of that, I understand why unit owners cannot fully comprehend these complex rules, procedures, and protocols, But over time, and it’s truly unfortunate, I learned many board members don’t understand how the system works. The purpose of this article is to try and explain in part, what laws regulate us, and who is responsible for repairs, maintenance, and improvements @ Huntington Pointe
We are Not an HOA
When I read input from unit owners on Facebook, or listen to them at board meetings, almost everyone refers to our quarterly fees as HOA fees. Hello! They are not HOA fees. At Huntington Pointe, we are required to pay Condo Association fees. Many people say who cares? You should care because the differences between HOAs and Condo Associations are significant. Condo Associations, like Huntington Pointe, are regulated by Chapter 718 of the Florida Code, while HOAs are regulated by Chapter 720.
HOA vs CONDO ASSOCATION?
There are other differences, but I’m going to limit myself to what are two huge differences, which I believe everyone should understand.
Note: I’m going to concentrate on villas, but virtually everything I write, also applies to the apartment buildings in Phases II and IV.
HOA COMMUNITY
- If you own a home in an HOA community, and you have a major roof leak, or if you need a new roof, you, the homeowner, must pay for the repairs or the new roof.
- If you own a home in an HOA community, you, the homeowner, are responsible for the grass area surrounding your home. That means you are responsible for landscaping, as in taking care of the grass, plants, and trees.
CONDO ASSOCATION
- In sharp contrast to an HOA, the Association is 100% responsible for the buildings, villas, and everything else associated with the physical structure of those buildings. This includes the roof, the building itself, painting, and the utilities coming into the unit. For example, unlike an HOA, unit owners are not responsible for paying to repair or replace a roof.
- The unit owner is not responsible for taking care of the grass area, plants, and trees surrounding their home. In a condo association, the area outside of the home is part of what is called the Community Area.
- In essence, everything except for the inside of the unit and the building structures, is the responsibility of either the Condo Association or the Master Association.
As a Phase I board member, I cannot count how many times I explained to new residents, they do not own, and they have no responsibility for landscaping the grass areas surrounding their villa. In other words, you cannot plant, trim, or take down trees, or do anything else on the grass area, without permission from the HPA. The same is true for garden apartments on the first floor of the apartment buildings in Phases II and IV.
There are different levels of responsibility codified under Florida Condo Law. All communities must obviously comply with the law, and every community is slightly different in how they comply/implement these regulations. That is determined by the community documents.
This is how it works specifically @ HP. Per our HP Documents, and Florida law, there are 3 levels of responsibility. In each case, the responsible party is 100% responsible, there is no sharing of responsibility.
RESPONSIBILITY for REPAIRS, MAINTENANCE, and IIMPROVEMENTS
- Inside the unit – Unit Owner
- Buildings (roofs, painting, electrical wiring, plumbing, physical structure, etc.) – The Four Phase Condo Associations
- Community Area: 100% responsibility rests with the master association, the HPA. They are responsible for repairs, maintenance, and improvements in every item located in the Community Area. That is defined as those areas which are not part of the buildings/villas.
Per our documents, Villa driveways, just like apartment building parking spaces, are located in the Community Area. Obviously, they are not part of the buildings. Here is part of Article 9.2.
Article 9.2 provides, without ambiguity, the “HPA is to repair, maintain and replace any and all improvements and facilities located upon the Community Area . . . Maintenance includes, but is not limited to, the following : sidewalks, parking areas, drives, driveways,
In simple terms, villa driveways are no different than the parking spaces located directly in front of the apartment buildings. Who is 100% responsible for maintaining, and repairing those parking spaces? The answer is crystal clear. The HPA is responsible because the parking spots in front of the buildings are located in the Community Area. Villa driveways fall into the same category.
The above means the Phase II and Phase IV Associations have zero responsibility for maintaining those parking spaces located directly in front of their buildings. The same is true for villa driveways. The Phase Associations are responsible only for building maintenance and repairs.
Because the driveways:
- Are not part of the buildings
- Condo Associations are responsible ONLY for the buildings.
- The driveways, per HP documents, are in the COMMUNITY AREA.
- Only the HPA is responsible for all property located on the Community Area
- The HP docs specifically state the HPA is responsible for maintenance, repairs, and improvements of the driveways.
Hopefully, the above explanation was not confusing and helped you understand that we are a Condo Association, which is regulated by Chapter 718 of Florida condo law, in conjunction with our HP documents. In light of the above, I’m going to provide a general overall summary, which should explain who is responsible for repairs, maintenance, and improvements @ Huntington Pointe.
SUMMARY
INSIDE THE UNIT
There is a saying in Florida Condo Law, “From the Walls In”. That means, starting with the paint on the walls, unit owners are responsible for maintaining, and/or improving, everything inside the unit. That includes toilet, bathroom, and kitchen sink leaks. (Unless the problem is caused by pluming issues behind the walls).
Unit owners are also responsible for their windows and doors. Therefore, if you want hurricane impact windows or doors, you must pay for it.
Buildings Structures (Apartment Buildings and Villas)
Maintaining, repairing, and improving everything related to the building structure is the sole responsibility of the four condo associations known as HP1, HP2, HP3, and HP4, or as we commonly refer to them, the Phase Associations.
This means the Association is responsible for roof leaks, roof repairs, new roofs, painting, and/or structural defects in the villas or buildings.
That’s the limit of their responsibilities. The four Phase Associations have no responsibility for the “Common Elements” located outside of the physical structure of their buildings or villas. They do not own the walkways, parking lots, parking spaces, driveways, or roads. This large portion of our community, which does not include the apartment building or villas, is known as the Community Area in our HP documents. Under Florida Condo Law, they are referred to as the Common Elements.
COMMUNITY AREA
Under Florida Condo law, common elements are those parts of a condo complex that belong to all owners. With a few exceptions, they constitute everything except the individual units and buildings, where the residents live. At HP, the common elements are referred to as the Community Area. Virtually everything, which is not part of the apartment buildings and villas, is classified as the Community Area.
Here are some examples, the grass areas, the roads, the walkways, parking spaces, driveways, sidewalks, pools, tennis and pickleball courts. Per our HP documents, the master association, the HPA, is 100% responsible for repairs, maintenance, and improvements in the community area.