Association board members are tasked with acting in the best interest of their communities while also upholding the parameters set forth in their association’s governing documents. These documents are the cornerstone of association operations and often dictate everything from member rule enforcement to protocol for removing a delinquent officer. This month’s featured article, “Premises Liability […]
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Reality TV and Community Associations
With the plethora of reality TV shows involving home renovations and real estate searches, your association may be asked to sign an agreement to allow a production company to film your community. Since most governing documents grant the owners the right of ingress and egress over the common areas for access to the unit, an […]
Read MoreDoes This Alteration to the Condominium Require Membership Approval?
A “material alteration or addition” is one that “palpably or perceptively var[ies] or change[s] the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.” Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. 4th DCA 1971). If any […]
Read MoreWhat Can a Board Do about a Rude Officer or Director?
Most community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers. This is important when an officer proves to be prone to bad/rude behavior. The board likely has the right to vote to remove this individual as an officer (president, vice president, treasurer, secretary) at […]
Read MorePremises Liability for Failure to Enforce
There are two recent cases of which community association boards should be particularly aware of. Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in the […]
Read MoreNo Time Limit to Record Amendments
Q: After the unit owners in a condominium association vote to approve an amendment, is there a time limit or deadline by which the amendment must be recorded with the county? (M.A. via e-mail) A: Chapter 718 of the Florida Statutes, known as the Florida Condominium Act, extensively regulates amendments to condominium documents. However, the […]
Read MoreHiring Management Company is Board Decision
Q: The board of my homeowners’ association wants to hire a management company. They say it is too much work. We are a small development with very little common property, and we have always been self-managed. A number of us feel that if the board is going to saddle us with this extra expense, it […]
Read MoreDifferent Laws Govern Associations
Q: My community has both single-family homes and townhouses. A question has arisen as to whether the laws that govern condominium associations or homeowners’ associations apply. Can you clarify this for us? (B.K., via e-mail) A: The answer would depend on the language of the governing documents for your association. Condominiums are governed by Chapter […]
Read MoreNames of Unit Week Owners not Available in Timeshare Condominiums
Q: You recently published an article stating that the names of fellow unit owners are a public record. Is the rule the same for timeshare condominium associations? A: No. When it comes to providing the names (and other information) of owners of a timeshare, the “rules” are different. Unlike the Condominium Act (Chapter 718, Florida […]
Read MoreCan an Association Be Held Liable for Discriminatory Conduct of Residents?
On a daily basis we read about acts of hatred and discrimination occurring in our society. As residential communities are microcosms of the society at large, associations, too, are increasingly faced with determining how to deal with such issues. Legal precedent has established that associations may be held liable for discriminatory acts committed by its […]
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