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“Can a Married Couple Both Serve on the Board?” – Naples Daily News

Q: Can a husband and wife both serve on the same condominium board of directors? T.H. A: Maybe. If the husband and wife are both co-owners of a unit (i.e., both names listed on the deed), a provision from the Florida Condominium Act addresses the issue raised in your question. This provision states that, in […]

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Questions Linger Regarding the New Law Addressing Building Safety

Q:  I read the articles summarizing the new law that addresses building safety for certain condominiums. In my condominium association, the owners are responsible for their windows, not the association. However, if I understand it correctly, the new law requires the association to reserve for window replacement. How will this requirement work in a community […]

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“Summary of New Law Addressing Building Safety” – Naples Daily News

Q:  I’ve heard about a brand-new law which addresses building safety for certain types of condominiums.  What does the new law say and what impacts will it have? B.Z. A: During the Florida Legislature’s Regular Session, held earlier this year, there were several bills filed which were intended to address the Surfside tragedy.  None of […]

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“Hope for the Best; Prepare for the Worst: Preparing for the 2022 Hurricane Season” – Naples Daily News

Q: My condominium association just sent all owners a copy of a hurricane plan that lists the actions the association will take if our area is impacted by a hurricane watch or warning. If the association is responsible for protecting the condominium building, what should I do to prepare my Unit for a possible storm? […]

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“Must Owners Approve New Flooring in Clubhouse?” – Naples Daily News

Q: The new board at my condominium removed the carpet in the clubhouse and had luxury vinyl flooring installed in its place. Weren’t they required to get owner approval before making this type of change? D.M. A: Maybe. Replacing carpet with vinyl flooring in the clubhouse will be considered a material alteration. The Florida Condominium Act […]

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“Director Compensation: Do I Get Paid for This?” – Naples Daily News

Q:  I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we compensate the members of the board as a way to encourage people to serve? (T.B. via […]

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“Will Mistake Require A New Election?” – Naples Daily News

Q:  I recently lost the election at my condominium by a few votes.  Although my name was on the ballot, my resume was not included with the ballot mailout.  Doesn’t this require the association to have another election? T.V. A:      If you timely submitted your candidate information sheet, and you can provide that you did, […]

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“Are Fines for Speeding Legal?” – Naples Daily News

Q: My community has set up various speed monitoring devices along the most travelled road. The board is now fining residents for speeding violations. Is this legal? What is the process for imposing a fine and can these fines result in a lien? D.V. A: Fines can be levied for violations of the governing documents, […]

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“Changing Tile a Material Alteration?” – Naples Daily News

Q: My condominium is thinking about changing the floors in the entrance area and lobbies from ceramic tile to granite tile. Would changing the flooring tiles be considered a material alteration requiring approval of the members? W.D. A: Under Florida law, a change to the common elements is considered a material alteration or addition, if […]

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“Do Owner Petitions Require the Board to Act?” – Naples Daily News

Q: My condominium is being overrun by commercial vehicles. I am trying to convince my board and fellow owners to change the documents to outlaw them. I got 15 percent of the owners to sign a petition to ban commercial vehicles. I gave the petition to the board but they won’t do anything. Aren’t they […]

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“Official Records Inspections by a Renter?” – Naples Daily News

Q: I manage a high-rise condominium. I recently received a request from a renter to inspect certain association’s official records, including all the condominium documents. Am I required to provide this renter with access to all the requested official records? J.H. A: The answer to your question changed recently due to the adoption of new […]

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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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“Update on Emotional Support Animal Legislation” – Naples Daily News

Q: In a recent column you said a new law passed about “emotional support animals,” which is supposed to cut down on bogus requests.  When does this law take effect and what are the details?  M.H. A: Senate Bill 1084 did become law.  It was signed by Governor DeSantis on June 23, 2020 and became […]

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“Transition Committee and Construction Defect Claims” – Naples Daily News

Q: My new condominium will soon be turning over from the developer. I am a unit owner and have been selected to serve on the transition committee, which has been primarily tasked with determining whether the developer has any obligation to make building repairs, etc. What are some things the transition committee should be thinking […]

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