“Community Association Q&A: Access to Minutes, Violation Letters?” Naples Daily News

“Community Association Q&A: Access to Minutes, Violation Letters?” Naples Daily News

Q: There are numerous parking violations and pet violations occurring in my condominium community. I don’t believe the board and manager are taking proper enforcement actions. Are owners entitled to review board meeting minutes to see what, if anything, is being done to address these ongoing violations? Am I entitled to copies of any demand sent by the association to these violators? A.C.

A: Yes, board meeting minutes are part of the official records of the association and subject to owner inspection, per the Florida Condominium Act (Chapter 718, Florida Statutes). Demand letters sent by the association to a violator, including those letters related to parking and pet violations, are also part of the official records of the association, and subject to owner inspection.

After an owner submits a written request to inspect qualifying official records, the association has ten working days from receipt of the written request to make the official records available for inspection. At the inspection, owners have the right to obtain copies of the inspected official records for a reasonable amount.

Q: My homeowners association has told me to remove the small sign placed by my front door which indicates that my home is protected by a security system. The board says this sign violates the community rules and I thought I had a legal right to display it. Do I have to remove the security sign? T.U.

A: No, as long as the sign is placed within ten feet of the entrance to your home. There is a provision contained in the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes) which states that any owner may display a sign of reasonable size provided by a contractor for security services, within ten feet of any entrance to their home.

Q: There is a hotly contested election coming up at my cooperative. One of the candidates withdrew from the election less than a week before the annual meeting and election. Prior to this candidate’s withdrawal, I had already submitted my election ballot and voted for her. After the manager sent out an e-blast to the community advising of the withdrawal of this candidate, I attempted to submit a new ballot and re-vote. The manager refused to accept my second ballot. Doesn’t the law allow me to submit another ballot given the withdrawal of one of the candidates? I feel disenfranchised. N.H.

A: The manager is correct. Pursuant to the Florida Administrative Code, once an election ballot has been received by a cooperative association it cannot be rescinded or changed, even if a candidate withdrew. The law does not permit you to submit another ballot.

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David Muller is a Board-Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A. in Naples. Send questions to dmuller@beckerlawyers.com.