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“Alligator Signs Questioned,” News-Press

Q: Are “beware of alligator” signs legally required in Florida? (B.K, via e-mail) A: No, though they may be a good idea where appropriate. The association can be held liable if someone is injured on the property due to the association’s negligence, and will very often be sued just because there was an injury. Courts […]

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“Association Movie Night Raises Copyright Questions,” News-Press

Q: Our social committee wants to start a “movie night” that is open to all of our residents. Would this violate copyright laws? (C.S., via e-mail) A: First, I would be very skeptical of adding new social activities of this nature until the COVID-19 pandemic is under better control. The Federal Copyright Act (“FCA”), governs […]

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“Candidate Statements Permitted in Board Elections,” News-Press

Q: Is it permissible for a candidate for the board to include personal information about himself or herself in the official ballot mailing sent by our condominium association? Does the board have the right to edit these or withhold inflammatory comments? (S.M., via e-mail) A: Section 718.112(2)(d)4 of the Florida Condominium Act provides that upon […]

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“Fine Amounts Set by Statute,” News-Press

Q: My association is threatening to fine me $100.00 per day for not following their mask rules. Is there a law that allows associations to fine $100.00 per day? (J.G., via e-mail) A: Section 720.305(2) of the Florida Homeowners’ Association Act authorizes an association to levy fines for the failure of the owner of the […]

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“Amendment Voting Percentages Cause Confusion,” News-Press

Q: Our declaration of condominium requires “two-thirds vote, by proxy or in person,” to approve an amendment. For example, if only 20% of members participate in a meeting, this would enable passage if 12% of the membership at a meeting to approve. Is this correct? Is there a minimum number of these “interests” required to […]

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“Mail-In Election Ballots Common For Associations,” News-Press

Q: Due to the ongoing COVID-19 pandemic, many of the seasonal owners in our condominium will not be returning this year. This raises concerns about how we should conduct the election for directors. We understand that owners cannot vote in the election by proxy, and we don’t use electronic voting. Is there an exception that […]

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“Generally Board Members Cannot be Compensated,” News-Press

Q: Can the members of our board of directors receive a holiday bonus? (G.M, via e-mail) A: Not to be the “grinch,” but this is generally not a good idea and is usually not legally permissible. Section 720.303(12) of the Florida Homeowners’ Association Act generally prohibits directors and officers from directly receiving a salary, compensation, […]

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“’Material Alteration’ Voting Explained,” News-Press

Q: How can a condominium “material change” be approved? Who approves it, the board or the property owners? If several items are being altered, must each item be listed separately or can it be a single vote lumped together as one? (A.J., via e-mail) A: The voting required for material alterations or substantial additions to […]

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