HOA Q & A: In a large roof replacement, what should be in agreement with contractor?

Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.

Q: Our association is planning on entering into a large-scale roofing replacement project.  Our Board of Directors has chosen a contractor and has provided the membership a copy of the proposal for the project.  The proposal has essential terms but there are no terms regarding timing for completion and remedies if the roofer breaches the contract.  Would you advise preparing an addendum or other document that includes other important terms?  --J.G., Plantation

From July 15: HOA Q&A: Must an HOA provide documents I request, even if that means mailing or emailing to me?

From May: Are dues paying owners entitled to know who's delinquent and if any sanctions?

A: This is a great question and a question that we receive often, especially when most associations are embarking on roofing projects after the recent hurricane.  If your association is entering into a large-scale project, it is important to have your legal counsel review the agreement prior to signing the agreement.  There are several important terms that should be included into the agreement, including, but not limited to, timeline for completion, insurance requirements, indemnification provisions, remedies for default, and venue should any dispute arise from the agreement.  It has been my experience that adding these terms to the agreement protects not only the association but also the contractor as it removes the questions that may arise should there be any hiccups during the roofing project.

Q: My homeowner’s association is planning on resurfacing our community’s tennis courts.  There have been discussions regarding drawing in pickleball lines in order to allow for pickleball to be played on the tennis courts.  I know that there is a material alteration provision in our HOA docs which requires a membership vote if the material alteration costs more than $15,000.  The whole project, resurfacing the tennis courts and drawing in pickleball lines, will cost more than $15,000 but drawing the pickleball lines by itself will cost less than $15,000.  The Board believes that no material alteration vote is necessary but some owners think that a vote is required.  What is your opinion?  --R.F., Hallandale Beach

A: I think your Board is correct.  The resurfacing of your tennis courts would not constitute a material alteration as it would be a maintenance item.  However, the addition of the pickleball lines would constitute a material alteration since it would change the use of the current tennis courts.  As you may already know, a material alteration is generally defined as a palpable or perceptive change in the use, function or appearance of the common elements or association property.  Since the pickleball lines would be the palpable or perceptive change in the use and appearance of the current tennis courts, then such change would be a material alteration.  However, if the cost of drawing in pickleball lines will be less than the $15,000 membership vote threshold, then the association will not need a membership vote to implement the material alteration.

Q: My homeowner’s association has a guard gate with a visitor entrance and a resident entrance.  Once in a while, there will be an unauthorized vehicle that enters the community by speeding through the resident entrance after a resident passes through.  We often see these people parked by our lakes and fishing in the community.  We do not think they are visiting anyone.  How can we stop this from occurring?  Do we have any options?  --J.G., Boca Raton

A: If these vehicles are passing through the resident gates without authorization, they are likely not visiting anyone in your community.  If they were visiting anyone in the community, the resident would have provided the individual’s information to the guard gate and these vehicles would be able to enter the community through the visitor gate.  Your community is very likely private property.  Unauthorized individuals should not be allowed to roam the community.  If the individuals in these vehicles are not authorized to be in the community, then they are trespassing. To that end, if this occurs again, I encourage your Board or management staff to contact law enforcement.

Q: I hear there is new legislation regarding golf carts.  Is the new legislation applicable in my condominium association?  --D.M., Coral Gables, FL

A: You are correct.  There is new legislation regarding golf carts.  Effective Oct. 1, 2023, a golf cart may not be operated on public roads by a person under 18 unless he or she possesses a valid driver’s license or learner’s permit or by a person that is at least 18 and possesses a valid form of government-issued photographic identification.  This means that a person who is under 18 years old shall be prohibited from driving a golf cart on public roads unless he or she has a valid driver’s license or learner’s permit.  If the driver is 18 years old or older, he or she must have a valid form of government-issued photographic information.

You also asked whether it is applicable in your condominium association.  It depends on whether your condominium associations roads are public or private.  If the roads are owned by your condominium association, they are likely private. As such, this new legislation would not be applicable to your condominium association because it only applies to public roads.  That being said, it provides a good model to use for any rules or regulations or amendments to restrictions that your community might want to implement.

S. Kyla Thomson, Esq., is a Partner of the Law Firm Goede, DeBoest & Cross.  Visit www.gadclaw.com to ask questions about your issues for future columns or send your inquiry to: [email protected].  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, 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.

This article originally appeared on Treasure Coast Newspapers: HOA Q & A: Several terms should be in contract when replacing roof