Q. Several unit owners in our condominium continue to argue about whether the association can charge a fee for the private use of our club room for parties. The room is first-class and it is expensive to clean and maintain. Can the association charge a fee if a member wants to use the room for a private function?
A. A condominium association in Florida is generally not free to charge a fee for the use of the common amenities. Each unit owner pays assessments and maintenance fees under the condo documents and therefore has the right to use the facilities in “common” with the other owners. The board is free, however, to pass a rule or regulation requiring owners to pay for proper cleaning of the facilities following a party or function and also for any damage that may be caused. If the association wants to start charging its owners a reasonable fee for the actual use or rental of the facility, the board should certainly consult with its legal counsel to ensure that such authority exists in the condo documents.