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“Director Term Limit Law Development,” Naples Daily News

Q:     Have there been any developments regarding the term limit law for condominium directors?  In prior columns you mentioned that there was some confusion as to when it will impact existing director terms. H.H. A:     Yes, there is a recent development regarding this issue.  Condominium association term limits were first added to the statutes […]

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“Community Association Q&A: Can An HOA Director Be Recalled?,” Naples Daily News

Q: One of the directors on the board at my homeowners’ association needs to be removed. He is very belligerent to his fellow directors and other owners. He also rarely attends meetings and never contributes. What needs to happen under Florida law to get him off the board? C.S. A: Section 720.303(10) of the Florida […]

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“Community Association Q&A: Can We Hold a Special Election?,” Naples Daily News

Q: A director on my condominium association board resigned. The remaining directors can’t agree on who should fill the vacancy. Can we hold a special election and let the owners decide? T.B. A: Yes. Most condominium documents allow the remaining directors to fill a vacancy on the board. Typically, the newly appointed director will serve […]

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“Community Association Q&A: Are Videos Official Records?,” Naples Daily News

Q: My condominium association has installed several security cameras in the common areas, including the pool area. There was an incident between myself and another owner last week at the pool and I requested a copy of the security camera video footage. I submitted my request to the manager in writing, but the manager has […]

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“Community Association Q&A: Improper Closed Board Meeting?” Naples Daily News

Q: My entire condominium board met in a closed session to conduct an annual review for the employees. I requested the right to attend these reviews as I wanted to speak favorably on behalf of one of the employees. My request was denied. Did I have the legal right to attend? D.T. A: No. A […]

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“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 […]

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“Does Sunshine Law Apply to Smaller Boards?,” Naples Daily News

Q: Please explain the “sunshine law” as it pertains to a three-member condominium board as compared to a five-member board. It seems that two directors discussing association business on a five-member board does not constitute a quorum, whereas two directors on a three-member board would. It seems that a smaller, three-member board is punished since […]

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“Can One Section Ban Rentals?,” Naples Daily News

Q: I live in a condominium and there are several disruptive annual renters. There are six different sections but only one board. Each section is governed by their own declaration of condominium. Can one section approve an amendment to their declaration banning rentals even while other sections still allow rentals? G.P. A: Your community is […]

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“Can Political Flags Be Flown?,” Naples Daily News

Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags.  Is it legal to fly a political flag on a home located in a homeowners association? I.B. A: Sections 720.304(2)(a) and 720.3075(3) of the Florida Homeowners Association Act specifically permit the flying of the […]

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“New Law Impacts 55+ Communities,” Naples Daily News

Q: I heard there is a new law that impacts the registration process for “55+” communities. What are the details? R.W. A: You heard correctly. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement for “housing for older persons communities” (often called “55 and over communities”) to register with […]

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