Q: My condominium association board voted to close the swimming pool in late March due to the COVID-19 threat. A few days later Governor DeSantis signed the “Stay at Home” Order and specifically defined “swimming” as an essential activity. Does this mean that my condominium’s swimming pool closure is overturned by the Governor’s Order? R.W. […]
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“When Are Closed Board Meetings Allowed?” – Daily Naples News
Q: As president of my condominium association, I believe it is time to fire our in-house manager and hire a new one. I obviously need the approval of the board to fire the manager. At the upcoming board meeting can the board go into “executive session” to authorize firing the manager? T.Z. A: Yes. […]
Read More“Limit on Charging Transfer Fees?” – Naples Daily News
Q: My condominium association imposes strict limitations on the rental of units. The condominium documents include a requirement for the board to review and approve all proposed leases and tenants. The condominium documents also permit the association to charge a fee up to the highest amount the law allows to cover the cost of the […]
Read More“Are no pet restrictions enforceable?” – Naples Daily News
Q: I live in a condominium that does not allow pets of any kind, and never has allowed them. One of the reasons I purchased a unit in this condominium is because I don’t like pets and I don’t want to be around them. Last year my condo board allowed a new owner, who is […]
Read More“Should Extra Ballots be Counted?” – Naples Daily News
Q: My condominium association recently held its annual meeting and the election was quite close. Only one vote separated the candidates for the last open director position. The candidate that lost the election by one vote requested to review all the election materials, including the ballots. He determined that three election ballots, all with votes […]
Read More“Can a Recalled Director Run Again?” – Naples Daily News
Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been “recalled” (removed by a member vote) can run again for the board. Our membership, following all the proper procedures outlined in Florida Statutes relating to the […]
Read More“Notice of Annual Meeting Requirement” – Naples Daily News
Q: The manager of my condominium association sent out the first notice of annual meeting and election late. Instead of sending out the first notice 60 days in advance of the annual meeting he sent the first notice out 55 days before. When I raised my concern he said there likely won’t be enough candidates for […]
Read More“How Much Can Be Charged in Transfer Fees?” – Naples Daily News
Q: How much can a condominium association charge to review and approve a lease application received from a proposed annual renter? Can the same fee be charged for a seasonal renter? G.F. A: Section 718.112(2)(i) of the Condominium Act states that no transfer fee shall be made by an association or its agent (e.g. management company) in connection […]
Read More“Can Both Spouses Continue to Serve on the Board?” – Naples Daily News
Q: My condominium association’s board is comprised of 8 board members, with directors serving 2-year terms. At the 2018 Annual Meeting there were four persons who submitted their notice of intent to run for the board, including a husband and wife who jointly own one unit. Since there was no election these four persons became […]
Read More“Recent Developments Concerning Director Term Limit Law” – Naples Daily News
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities. The Firm focuses a substantial amount of its practice on condominium and homeowners association law. Attorney Muller […]
Read More“Are Signed Election Ballots Valid?” – Naples Daily News
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities. The Firm focuses a substantial amount of its practice on condominium and homeowners association law. Attorney Muller […]
Read More“Adopting Short Term Rental Restrictions” – Naples Daily News
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities. The Firm focuses a substantial amount of its practice on condominium and homeowners association law. Attorney Muller […]
Read More“Developments Regarding New Term Limit Law” – Naples Daily News
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities. The Firm focuses a substantial amount of its practice on condominium and homeowners association law. Attorney Muller […]
Read More“Can Directors Vote Via E-Mail?” – Naples Daily News
Q: I heard there was a recent change in the law which now prevents Board Members in a homeowners association from voting on matters via e-mail. Can you confirm this? Y.C. via e-mail A: You are correct that this change in the law for homeowners associations became effective on July 1, 2018. This change brought […]
Read MoreCan A Director Resign For Any Reason?
Q: My condominium association has one owner who is a malcontent. He is always objecting to everything the Board tries to do and his constant vocal complaining has caused the Board much stress. Two of the Directors resigned as a result of this disgruntled owner. Is this a proper basis for Directors to resign? Do […]
Read MoreProcedure To Convert To Pooled Reserves
Q: Can a condominium association board vote to convert from straight-line reserves to pooled reserves without a membership vote? R.F. via e-mail A: “Cash flow” funding of condominium reserves, often referred to as the “pooling” method of reserve funding, is a concept that was introduced many years ago through an amendment to the state’s administrative […]
Read MoreNew Penalties for Financial Reporting Violations
Q: I heard there was a new law that punished condominium associations who failed to timely provide a copy of the annual financial report. Is this true? What are the penalties? S.U. via e-mail A: You are referring to a recently revised provision within the Condominium Act which became effective on July 1, 2018. The […]
Read MoreIs New Term Limit Restriction Retroactive?
Q: Is the new director term limit law for condominium associations retroactive? M.N. via e-mail A: You are referring to a recent 2018 change to the Condominium Act which further clarified a change that was initially made in 2017. The 2017 change provided for no more than four consecutive two-year terms, and required two-thirds of […]
Read MoreMust Condo Minutes Be Kept Forever?
Q: I heard that a new law for condominium associations mandates that all the minutes of all meetings of the association must be permanently maintained. Is this correct? W.T. via e-mail A: Yes, the Florida Condominium Act has been changed as of July 1, 2018 to mandate this requirement. The previous law only required the […]
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