Q I am the secretary of a recently formed condo association board in a mid-sized  building in Miami. Due to circumstances I'm sure are common, what money we have  is barely sufficient to manage the status quo, including contributions to the  reserve fund. Can we accept donations or pro bono help from owners?  

 —In Dire Straights  

A “There is no statute or regulation that precludes an association from accepting  donations, but it is preferable that the donations be monetary,” explains attorney Daniel Wasserstein of the law firm of Weissman Nowack Curry & Wilco, P.C in Miami. “If an owner decides to donate their time instead, and performs repairs,  modifications or alterations to common elements, they need to understand that  they will be held to the same standard as a contractor, meaning that they must  perform the work in a professional and workmanlike manner and that they may be  held responsible should they fail to complete the work or should they cause  damage to the property. If the donating owner is not a licensed and insured  professional with regard to the work they undertake, and something goes awry,  the board may also be held responsible for allowing unqualified individuals to  perform such work. These concerns should certainly be considered before  allowing an owner to donate their time.  

 “It is also important to remember that most associations have restrictions on  changes to the aesthetics of the community so if someone does give a monetary  donation, they need to understand that such generosity does not allow them the  right to make material changes on which they get to unilaterally decide. While  it may be that a donating member believes that they are improving the community’s aesthetics, other members may see such changes as an unacceptable departure  from the aesthetics of the community that they expected to be kept intact when  they bought their property. Actions such as painting a room a certain color or  modifying landscaping could be deemed a material alteration if they are a  departure from what was originally in place and such action would require a  vote of the membership.  

 “While donations are certainly rare and may indeed be beneficial for the  community, it is important that the association and the owner consider the  preceding information before making a decision.”