Q:I own a condominium with garden-style buildings. The board decided we needed to replace the roof on one of the buildings and created a special assessment of $40,000. Instead of replacing the roof they ended up only doing a patch job for much less, less than $3,000. I was outraged that we would have to pay for such a large assessment when not needed. I think the overage of the assessment should be returned to the owners. The president says they will keep the funds in an account. I do not trust my money being held by the association or management company as I am sure it will end up disappearing. What are our rights as owners to get our money back?

R.C., Miami Beach

A: I see two possible problems with this situation. The statutes require the board to establish reserves -- one is a roof reserve. If done correctly, there would not be a need for a special assessment. What happened to the reserve budget? If the board collects a special assessment, those funds must only be used for the items the special assessment targets. If they do not use all the funds, the board must return or credit the money to the unit accounts.

One way is to pay each owner the excess but I do not recommend this method, as the return by check is expensive and requires extra bookkeeping. A better way is to credit each account. If the board needs the funds for another expense, a way would be for the board to approve a credit and at the same meeting approve a second special assessment for the same amount to fund some pending project.

Q:Our board of our resident-owned community (ROC) would like to adopt a set of rules outlining the course of events that would be taken against a resident who does not comply with our community rules. We have had a couple recent incidents where, for example, a resident's guest was in violation of our rules when they overstayed the allowed visitation time limit. Another time an adult child living with her mother was arrested for drug use so she was requested to move. Is there a website or a list of rules and enforcement procedures available that we could use as a guideline?

R.R., Fort Lauderdale

A: You must start with your documents to determine how much power the board has to enforce the rules. In the past I have recommended that the board, not the members approve a rule enforcement policy but the members should have a copy of the policy. I would strongly suggest that you have an attorney help you establish the enforcement policy. I have rarely seen an association that could enforce a rule violation against a visitor or a family member, as the enforcement must be against the owner of the property.

Q:We recently received written information from the treasurer of our condominium regarding a new form of insurance required by state statute. The board says that we must purchase $2,000 additional insurance naming the condominium as loss payee for loss assessment coverage. There is no identification of the statute allegedly requiring this additional coverage. Can you explain this?

H.V., Tampa

A: Loss assessment is not new -- your current insurance on your personal property should include it. It protects owners when their association must pass a special assessment for repairs in case of a catastrophe and the association's insurance does not have full coverage.

Now there are specific requirements placed on the type of damage and repairs, so you would need to check with your insurance agent about the limits. Today, most loss assessment coverage has a deductible, so you need to know your deductible amount.

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