Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail)
A: Section 720.305(2)(b) of the Florida Homeowners’ Association Act does not specifically mandate that the 14-day hearing notice be sent via certified mail. However, it is wise to do so.
I generally recommend that most legal notices be sent to the official address of the owner as shown on the records of the county property appraiser, which may or may not be the address of the parcel in the community. If the official address is different than the parcel address, it is sometimes recommended to also send a copy to the parcel address, depending on the situation.
The best practice is to send notices by certified mail, return receipt requested, with a second copy by regular U.S. mail to the same address. That way, if the intended recipient is unable or refuses to accept the certified delivery, the regular mail copy cannot be refused. I also recommend sending a copy to the owner by e-mail. Virtually every owner will have an e-mail address. Even if they do not use it for official association notices, most people are likely to use e-mail as their primary means of communication, and it is another method of showing that the owner actually got the notice.
Q: Can you direct me to the relevant statute that requires a system allowing unit owners to hear absent board members and vice versa? (J.D., via e-mail)
A: Section 718.112(2)(b)(5) of the Florida Condominium Act states that board or committee members may participate in meetings via telephone or other real-time electronic communication methods. The statute mandates that a speaker must be used so that the conversation of those members attending remotely can be heard by the board or committee members attending in person, as well as by any unit owners present at the meeting.
Remotely participating board and committee members count toward a quorum, can make, second, and debate motions, and otherwise participate in the meeting the same as if they were physically in the room. The issue is also governed by Section 617.0820 of the Florida Not For Profit Corporation Act, which basically says the same thing.
Q: I live in a homeowners’ association where the board has stopped holding required meetings and is not fulfilling its responsibilities, which has led to several resignations. Having once served on the board for many years, I am concerned that our covenants will fall by the wayside. However, I am unsure of the best way to approach the sole remaining director. What actions can I take to help get our association back on track? (H.T., via e-mail)
A: I would first recommend that you volunteer to serve on the board. I would also recommend that you encourage the remaining director to ensure that the association has competent legal representation.
Section 720.306(9) of the Florida Homeowners’ Association Act states that unless the bylaws provide otherwise, any vacancy on the board that occurs before a term ends can be filled by a majority vote of the remaining directors, even if fewer than a quorum remains, or by the sole remaining director. There are more extreme approaches, generally involving court intervention, but they are expensive and best to avoid if at all possible.
Q: I recently read your informative article about electric vehicle charging stations. Could you clarify if Florida Statutes require separate metering for other types of electricity usage in an association? (R.J., via e-mail)
A: Section 718.113(8) of the Florida Condominium Act does not require separate metering and payment for electricity used outside of electric vehicle charging stations or natural gas fuel stations. No other provision of the statute addresses the issue.
There are situations where separate meters or other means of measuring individual owners’ electricity consumption comes into play, including appliances in garages, golf cart charging, and boat docks. That is never an easy nut to crack as there are rules on “selling electricity” and the provisions of the condominium documents play a role. Typically, a lawyer needs to assist with these issues.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.