News-Press

Q: We have a condominium unit owner who has not paid dues in over a year. We would like to suspend their legal rights until they are paid up. May we do this? (M.L., via e-mail) A: Section 718.303(4)of the Florida Condominium Act (the “Act”) provides that where a unit owner is more than 90 […]

Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Inspection Deadlines: The relevance of proximity to the coastline has been removed from the law as a […]

Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? (K.B., via e-mail) A: Section 718.111(12)(a) and (b) of the Florida Condominium Act requires that the minutes of all meetings of the condominium association, including meetings of the unit owners and meetings of the board of directors, be permanently […]

Q: My condominium association recently approved a special assessment to pay for a construction project. The project is now completed and there is money left over. The board has now called a meeting where they are going to consider the applying those funds to a different project. Isn’t the association required to return this money […]

Q: The board of directors for my condominium association has an ongoing dispute over which board members can put items on the agenda of a board meeting. Can individual board members put items on the agenda of a board meeting? (J.N, via e-mail) A: The Florida Condominium Act does not address how the agenda of […]

Q: What are the requirements regarding keeping minutes for workshops by the board of directors? (L.F., via e-mail) A: A board “meeting” is generally defined as any “gathering” of a “quorum” of the board members gathered to “conduct association business.” Breaking this down into its basic components, a gathering is any physical or virtual assembly, […]

Q: A question has arisen in my condominium association regarding what vote is required to change the property. At a recent meeting, 2/3rds voted in favor. However, this was just 2/3rds of the proxies, and not 2/3rds of everybody. Isn’t there a minimum number of votes required to make certain changes to the property? (C.D., […]

Q: Our condo association, like many others, had to issue an assessment to owners to recover the cost of damages from hurricane Ian. We have issued the notices, and all the owners except one has either made full or partial payments. We understand we may place a lien against the property, but what kind of […]

Q: After the developer transfers control of the condominium association to the unit owners, can the association increase the assessments for the common expenses only against the developer owned units to cover the costs of repair for construction defects? (C.D., via e-mail) A: No. Section 718.301(3) of the Florida Condominium Act provides that after control […]

Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how to correct the mistake. Should the board address this at the next board meeting and […]

Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) A: Most likely not. However, the answer to your question depends on several things, including the language contained […]

Q: My condominium building suffered significant damage from Hurricane Ian, including damage to the exterior of the building and the interior of the units. The association recently said that it will begin making various repairs, including repairs inside the unit. Is this permitted without my permission since this is property that I own? (D.K., via […]

Q: My homeowners’ association is required to have an audit every year. This year there is a discussion of skipping the audit. Are there voting guidelines and deadlines on this? (A.G., via e mail) A: Section 720.303(7) of the Florida Homeowners’ Association Act provides that homeowners’ associations with annual revenues of $500,000.00 or more must […]

Q: Our current documents say that proxy votes are allowed in an election, yet during our recent elections, residents were told that proxies were not allowed. My question is whether this was legal? (K.T., via e-mail) A: It depends. Section 718.112(2)(b)2 of the Florida Condominium Act provides that proxies may not be used in the […]

Q: The board of directors of my condominium association has stated they are considering major restoration projects soon and have stated that they are considering a loan from a bank to fund part the projects. While nothing has been decided, the board has mentioned that considering a loan to pay for the work. Does the […]

Q: What exactly is a CAM? I hear this term used at some of our board meetings. (K.R., via e-mail) A: The term “CAM” is an acronym often used when referring to a “community association manager.” A CAM is a person licensed by the Florida Department of Business & Professional Regulation to perform “community association […]

The U.S. Small Business Administration (“SBA”) has announced that it is waiving the interest rate for the first year on new loans and deferring loan re-payments for 12 months. Therefore, SBA loan borrowers will not be required to make principal payments or interest payments during the first year of the loan. The SBA is automatically […]

Q: An issue recently arose in my homeowners’ association regarding who may be a candidate for election to the board of directors. A resident in the community, who is not on the deed of the home, has expressed an intent to run for the board. However, can a non-owner serve on the board of directors […]

Q: I am a director on the board of our HOA and we are questioning whether or not our board members can have a workshop to brainstorm and discuss the budget prior to presenting the budget to our membership. The board would not be looking to vote on and adopt the annual meeting at this […]

Q: There have been recent discussions in my condominium about the board installing an electric vehicle charging station for everyone to use. It was my understanding that owners are entitled to install charging stations at their expense. Doesn’t a common charging station that we all have to pay for require a vote of the owners? […]

Q: How much notice to the members is required when the board is adopting the annual budget? (B.R., via e-mail) A: For a condominium association, budget meetings must be noticed at least 14 days in advance for the benefit of the members. Notice is to be posted on the condominium or association property, and also […]

Q: When does a condominium association have to get bids for repair work and does the association have to hire the company with the lowest bid? (K.R., via e-mail) A: Contracts for legal, accounting, architectural, engineering, and landscape architectural services are not subject to the competitive bid requirements. Contracts for employees who work directly for […]

It has now been over a month since Hurricane Ian made landfall in Southwest Florida, causing historic levels of damage to our community. Some of the most shocking damage from Hurricane Ian was due to its unprecedented levels of storm surge, causing flooding in large portions of Southwest Florida. However, our community has responded in […]

It has now been about a month since Hurricane Ian devastated Southwest Florida. The clean-up process is ongoing, and many community associations still have significant amounts of debris to deal with. One option that may be available to community associations to address debris removal is authorizing entry by county contractors to remove materials. The Stafford […]