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“Maintenance of Structure Usually Association Responsibility,” News-Press

Q: The foundation under my condominium’s sliding glass door has heaved which prevents me from opening the doors. My condominium manager says that I am responsible for taking out the slider door frame and grinding down the foundation cement. Am I responsible? (P.D., via e-mail) A: This may be a symptom of a more significant […]

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“Special Taxing Districts Explained,” News-Press

Q: What is an “MSTU”? My neighborhood association, which is voluntary, is considering getting one set up to maintain our roads. (P.K., via e-mail) A: Counties have the authority to create a special taxing district, known as a Municipal Service Taxing Unit, commonly called an “MSTU,” or a Municipal Service Benefit Unit, commonly called an […]

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“Fining Procedure Details Explored,” News-Press

Q: Fining for violations has always been confusing to me, since most fines are cumulative or compounding for each day the violation is not corrected. Should the due date be following correction of the violation or whatever date the fine ceases? (R.N., via e-mail). A: You are not alone. I have written this column for […]

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“Lee County Wants to Help Speed Up Hurricane Cleanup,” News-Press

Q: As a popular columnist for Condominium and HOA residents, can you assist Lee County in providing information for hurricane season 2021? (Betsy Clayton, Lee County Government) A: I am happy to do so. According to resources previously provided by the County for this column, property managers and residential community associations can take proactive steps […]

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“Difference Between HOA and CDD Explained,” News-Press

Q: What is the difference between a CDD and an HOA? (R.B., via e-mail) A: A Community Development District, or CDD, is an independent special taxing district created under Chapter 190 of the Florida Statutes. A CDD is a type of government entity, usually created at the request of developers of large tracts of land, […]

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“New Law Lays Term Limit Debate to Rest,” News-Press

Q: Is there a legal opinion on the impact of a condominium association’s board term limits due to the emergency declarations and emergency powers granted to association boards? (D.S., via e-mail) A: No. Effective July 1, 2018, the Florida Condominium Act was amended to provide that a board member may not serve more than 8 […]

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“Owner Feels Locked Out from Information,” News-Press

Q: I live in Canada and own a condominium unit in Florida. I cannot travel yet to go back to Florida and my condominium board president has blocked me from sending him e-mails. What are my rights to get information about finances, planned maintenance, and minutes of meetings? (J.C., via e-mail) A: Accounting records, minutes […]

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“Becoming “55 and Over Condo” Requires Several Steps,” News-Press

Q: Our condominium association is considering converting into a “55 and older” community. Is it true that 80% of our units must vote “yes” to effectuate this change? (D.J., via e-mail) A: No. The federal Fair Housing Amendments Act of 1988, as amended by the Housing for Older Persons Act, states that communities meeting certain […]

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“Rollover of Excess Funds Normal,” News-Press

Q: If there is an excess in monies collected from the annual budget, must the excess be returned to owners, or can it be used to reduce maintenance fees for next year? (E.O., via e-mail) A: The annual budget estimates the revenues and expenses for the year. Although management and boards should obviously endeavor to […]

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“Hurricane Shutter Policies Raise Questions,” News-Press

Q: Can hurricane shutters remain closed when a home is unoccupied throughout the summer, even when there is not an active threat of a storm? (D.F., via e-mail) A: It depends on the local codes and ordinances regulating the home, and the terms of your association’s governing documents. The Florida Fire Prevention Code and the […]

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