Responsibility for Condominium Property

The purpose of this section is to assist you, the unit owner, to better understand our condominium association. Many owners have no real feel for this type of ownership or living, which can sometimes result in confusion and unhappiness. Hopefully, this section will assist you.

Every owner should have a copy of the Association’s Declaration of Condominium, the Bylaws, and the Articles of Incorporation (your Formal Documents). You should also have a copy of the Association’s Informal Rules. A copy of the Association’s Question and Answer Sheet is also available for owners from the Amelia Island Real Estate Office. It is the condominium seller’s responsibility to pass their copy of the documents to each buyer. It is the condominium owner’s responsibility to understand the contents and keep them current.

In addition to the documents mentioned above, associations are also governed by several state statutes, the predominant one being the Condominium Act, Chapter 718. Chapter 61B, Florida Administrative Code, is the guide for implementing provisions of this statute.

All condominium associations are not-for-profit corporations. As such, they are run as a corporation. Owners elect a board of directors. The board has a mandate in accord with the documents and the state statutes to manage the affairs of the association. Officers of the association are elected by the board and serve at the pleasure of the board. The hiring of a manager or managing entity does not relieve the board of management responsibilities.

The board has responsibility for three functional areas – Administration, Finance/Accounting, and Maintenance of the Common Elements. Your board has contracted with Amelia Island Management (AIM), a department of the Amelia Island Company, to perform certain management services. It is important to note that the AIM representative has only that authority authorized by the board, works at the direction of and reports to the board. By state statute, the AIM representative does not work for individual owners.

 

  1. Definition of Units, Common Elements and Limited Common Elements

 

(Please refer to your copy of the Association’s Declaration of Condominium Section V for a complete description of these terms)

UNITS

Generally speaking, units refer to your separate residential dwellings. Most importantly, they include all spaces and improvements lying beneath the undercoated and/or unfinished inner surfaces of the perimeter walls and floors and above the lowest horizontal plan of the upper structural elements of each unit. This includes all glass and transparent and/or translucent material and screening in windows and doors and the material covering other openings in the exterior walls of the unit.

COMMON ELEMENTS

Generally speaking, these refer to all of the real property and improvements, including the first floor lobbies, except the individual units.

LIMITED COMMON ELEMENTS

Those common elements which are reserved, assigned, or granted separately, for the use of a certain unit or units to the exclusion of other units. These include patios, terraces and balcony areas, those elevator lobbies above the first floor level and certain covered parking spaces.

  1. Management of Common Elements and Limited Common Elements

 

    1. Amelia Island Management assists the board in maintaining all common elements. Examples are:

– Roofs – Common electrical

– Exteriors – Grounds/Landscape

– Parking lots – Drainage systems

– Pool – Beach Walkovers

 

    1. AIM inspects all common elements as per the management agreement.
    2. AIM will obtain/coordinate contractors for routine work; i.e., landscape, minor repairs, lighting, trash removal, etc. of common and limited common areas.
    3. AIM will assist the Board in finding architect/engineer for major projects; i.e., roofing, waterproofing, major exterior repairs affecting structural integrity, etc.

The Board has directed AIM to be certain that that every contractor working on the property has the appropriate insurance, worker’s compensation, licenses, etc. Amelia Island Management ensures these requirements are met with any contractors it recommends and maintains copies of all certifications.

 

  1. General Listing of Owner responsibilities

 

  1. Paying assessments on time. Owners cannot (by State statute) withhold payments for any reason.
  2. Keeping both the President of the Association and Amelia Island Management informed of any/all address changes.
  3. Complying with the Association’s rules, formal documents, and state law.
  4. Ensuring that family and guests comply with all restrictions and rules.
  5. Providing access to their units for replacement, repair, or maintenance of the common and limited common elements and for pest control. Amelia Island Management should given a unit key for these purposes. Owners have no right to refuse access to the Association. See Chapter 718.111(5), F.S. AIM does not provide “key service” for visitors, guests, or owners.
  6. Obtaining board approval prior to any repairs or maintenance that may involve common or limited common elements. This may also require notice and prior approval by the Amelia Island Architectural Review Board.
  7. Maintaining, repairing, or replacing all screens, doors, or windows from rough opening to rough opening. As in “F” above, approval of the Architectural Review Board may be required.