Age of owners not only factor to keep out kids

The proposal was turned down, but the board intends to keep bringing it to a vote. Can they keep doing that? Isn't there a limit to the process?
G.P., Aventura

A.

The association (not only the board) can vote on this issue as often and as many times as it likes, provided the proper processes of petitioning, notification and balloting are followed.

Though demographics of age are important, you must also consider the physical location and layout of the project. Some questions to consider include:

Is it such that kids can be kids without always being in everybody's face? Will the parking lot handle two and three cars per family? Do the residential buildings around yours include younger families? Would the resale market really be hurt if the unit owners decided to (or not to) open up their community?

Consider having someone make an independent market study before the next vote.

Q.

I would like to know if a condo association can prohibit an owner from parking a two-wheel vehicle (motorcycle or moped) in his assigned space or even ban such vehicles altogether.
P.C., Treasure Island

A.

The association can pass any rule it wishes restricting the use of parking space, but that does not mean a given rule can be enforced or that the courts would uphold it as being ''reasonable.''

Over the past several years the choice of vehicles used for personal transportation has changed. It is not at all uncommon to see pick-ups, minivans, utility wagons and even motorcycles used today.

Usage is often more the problem than the vehicle itself. We lived in a townhouse next to a man who bought a motorcycle to ride to work each day. He knew most of us were fearful that Hell's Angels had moved into the neighborhood, so he had an exceptionally quiet muffler installed and parked the ``bike'' in his ground level patio so that it was out of sight. He was understanding of our fears, and we were appreciative of his consideration.

At a condo I am familiar with in Delray Beach, they have set an area aside, away from the residential buildings, for motorcycles and pick-ups so the noise and looks would not diminish the residential appearance of the project.

Other associations, primarily gated and adult communities, maintain and enforce rules prohibiting the driving and parking of motorcycles on the common property. I do not know of any challenge to these prohibitions in Florida courts.

Have a question about condominiums? Send it to Condo Line, The Herald, 1 Herald Plaza, Miami, Fla. 33132. Questions of general interest will be answered by Jack Holeman as space permits. Sorry, he can't make personal replies.