Page 5 - SFL Cooperator Fall 2020

SOFLCOOPERATOR.COM
THE SOUTH FLORIDA COOPERATOR —
FALL 2020
5
QUESTIONS & ANSWERS
Legal
A Q &
continued on page 10
Jeff Wells Consulting is the complete solution for your
property’s service and care. Our Management service
allows you to live stress and worry free when it comes to
your property. We handle all routine property care,
maintenance, and upgrades. Allow us to enhance your
property and lifestyle.
Property Management
Jeff Wells Consulting is a licensed and insured contractor
in South Florida, specializing in both residential and
commercial properties. Construction for out of ground,
build outs, total renovation, or remodel, we will handle
all contracting and construction for your property.
No job is too big or too small.
Contracting
Jeff Wells Consulting will care for all of your Property
Maintenance. Reliability for all routine care to emergency
services, we are here for you. Maintenance for all your
property needs electrical, plumbing, A/C, landscape,
pool, and everythign in between.
Maintenance
Jeff Wells Consulting
609-517-8324
info@jeffwellsconsulting.com
Jeffwellsconsulting.com
Am I Liable for Liability Insurance?
Q
I own a mobile home in a co-op
park in Florida. I understand
how a co-op works. I don't
own the land the mobile home sits on. I
am a 1/63 owner in all the lots and com-
munity property in the park. My mobile
home is 100% paid for—i.e., there is no
lien on the property. The co-op pays an-
nual insurance (through annual dues) for
liability insurance on all park grounds.
The Community Co-Op mandates I
carry $100,000 liability insurance on my
property. I
never
rent the property out.
Only my wife and I utilize the property.
It seems to me as though I am only insur-
ing
myself
against liability. Can the co-op
legally require me to purchase liability
insurance on my mobile home?
—Shareholder in a Mobile Home
Cooperative
A
Karina N. Skeie, Esq., as-
sociate at Kaye Bender
Rembaum with offices in
Pompano Beach, Long Beach Gardens,
and Tampa, says, “While Florida law
does not mandate that you purchase li-
ability insurance on your mobile home,
if the governing documents of your com-
munity require all members to carry
at least one hundred thousand dollars
($100,000.00) in liability insurance, then
such a requirement will generally be en-
forceable, irrespective of whether the as-
sociation holds liability insurance on the
entire property. As such, the governing
documents applicable to your communi-
ty will need to be reviewed by an attorney
to determine the validity of the insurance
policy being enforced by the associa-
tion. While I understand that you do not
currently rent your individual property,
liability insurance policies for mobile
and manufactured homes will also gen-
erally provide coverage if you, or some-
one in your household, is found liable
for damage to someone else’s property,
or if a guest, contractor, etc. is injured on
your property. As such, if the governing
documents of your community require
all members to purchase liability insur-
ance, the fact that you do not offer your
property for rent will not exempt you
from such a requirement. However, it is
recommended that you consult with a
licensed insurance broker to determine
the terms of your policy, and what ulti-
mately will be covered.”
Well, Well, Well
Q
Our condo court needs a new
well. If it is put near the old one
on common property, it would
cost us $20,000. Th e person who lives clos-
est to where the well would be built has hired
a lawyer and someone on the board assured
this homeowner that the well would be placed in the best interest of the community and a
in a diff erent area. Th e area that they selected lawsuit could be brewing from that result. We
will cost us $60,000 to have a well put in be-
cause it has to go under the court’s pavement. any suggestions?
So basically we’re talking about $40,000 more
to move it somewhere else still on common
property but not near the unit of the person
who complains. I feel that this is defi nitely not
reside in West Palm Beach. Can you give me
—Not Pumped