Question: We have had almost a complete turnover in the board of our condo association. The previous board was very sloppy in managing and we seem to have some vague but written agreements with a number of maintenance and landscaping vendors. I believe that a contract is a contract and we have to stick with these vendors until the contract time has expired. Other new board members say that there are ways around this. Are there?
Answer: Florida Statute 718.3025 is right on point. It says that, "No written contract between a party contracting to provide maintenance or management services and an association which contract provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be valid or enforceable unless the contract" specifies the services, obligations and responsibilities of the party contracting to provide maintenance or management services to the unit owners; specifies those costs incurred in the performance of those services; provides an indication of how often each service is to be performed; specifies a minimum number of personnel to be employed by the party contracting to provide maintenance or management services; discloses any financial or ownership interest a board member or any party providing maintenance or management services to the association holds with the contracting party.
In any case in which the party contracting to provide maintenance or management services fail to provide such services in accordance with the contract, the association is authorized to procure such services from some other party and shall be entitled to collect any fees or charges paid for service performed by another party from the party contracting to provide maintenance or management services. Any services or obligations not stated on the face of the contract shall be unenforceable.
Your attorney can help you understand the issues of breaking or re-writing contracts. Seek advice.
Attorney Sylvia Heldreth is a certified specialist in real estate law. Her office is located at 1215 Miramar St., in Cape Coral.
This article is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.