Q: The foundation under the sliding glass door of my apartment has swelled up, making it impossible for me to open the door. My apartment manager said that I was responsible for taking out the sliding door frames and sanding the foundation cement. Am I responsible? (PD, via email)

Answer: The problem you describe may be a symptom of a more important structural problem. The engineer should review this situation. The association is generally responsible for the maintenance of the foundations and structural components of apartment buildings. This will be resolved in the apartment statement. Generally speaking, these areas are often described as "common elements."

Section 718.113(1) of the Florida Apartment Act requires the association to maintain, repair, and replace common elements. This regulation contains exceptions to "limited public elements", which are those parts of public elements reserved for the use of specific units or groups of units specified in the declaration. The regulations allow a statement that the maintenance responsibility of the limited common elements is entrusted to the beneficiary unit owner or association, but the cost is borne by the beneficiary owner alone. The latter method is sometimes referred to as the "limited common cost" method.

The statement usually also involves "accidental damage." In many cases, although the foundation/floor is usually the responsibility of the association, according to many (and probably most) statements, sliding glass doors are the responsibility of the owner. The declared collateral damage clause will determine whether the association will be responsible for the cost and reinstallation of the door (if structural work is required), or replace the door if reinstallation is not possible.

Q: The roof of our apartment was damaged by Hurricane Irma. A claim has been filed with the insurance company. Residents recently learned that the chairman of the board of directors has signed a contract with a roofing company. At the board meeting last month, I asked the chairman of the board to review the contract with the roofing company. He said he would not share it because it was "confidential." I asked if there would be a bid for roof replacement, and he said no. Shouldn't you bid? How do I get a copy of the roof contract? (JM, via email)

Answer: Section 718.3026 of the Florida Apartment Law generally requires that, with certain exceptions, contracts that cost more than 5% of the Association’s total annual budget (including reserves) must pass competitive bidding. The association does not need to accept the minimum bid.

Section 718.111(12) of the Florida Apartment Act stipulates that the contract for the work performed is considered an “official record” and must be kept by the association for at least 7 years. Any member of the association can access official records. The association's records must be provided to the unit owner for inspection within 10 working days after receiving the written request.

The association’s failure to provide records within 10 working days of receiving the written request constitutes a rebuttable presumption that the association willfully failed to comply with the law. If it is determined that the association has deliberately failed to comply with the law, the owner of the unit who is denied access to official records is entitled to actual or statutory losses. Starting from the 11th working day after receiving the written request, the statutory compensation amount is US$50 per calendar day, up to a maximum of 10 days.

Failure to allow inspections of records also gives anyone who succeeds in law enforcement actions the right to recover reasonable attorney fees from those who directly or indirectly control the records, and to knowingly refuse to access the records. Florida Condominiums, Timeshares, and Mobile Homes Division are also authorized to impose fines for record access violations.

Joe Adams is an attorney at the Becker & Poliakoff law firm in Fort Myers, Pennsylvania. Send questions to Joe Adams via email to jadams@beckerlawyers.com. Past versions can be viewed on floridacondohoalawblog.com