News-Press

Q: What are the powers and duties of a condominium association in Florida regarding unit repair and reconstruction to treat mold after a hurricane? (L.N., via e-mail) A: Like many legal issues, “it depends.” Mold has been a scary word in association operations over the past couple of decades, primarily after a couple of large […]

Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, would they need to amend the bylaws, or can they implement and enforce this retroactively on […]

Q: At the recent annual meeting of our condominium association, the president asked at the end of the meeting if there was any “new business.” I raised my hand and made a motion to appoint a committee to audit the insurance income and expenditures from Hurricane Ian. The president told me she would take it […]

Q: My condominium association board recently implemented a “no-smoking” policy after receiving numerous complaints about second-hand smoke. Several residents continue to smoke in their unit and on their balcony, insisting they have the right to do so in their own home. The situation is becoming increasingly contentious. While some residents support the policy, others are […]

Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail) A: The federal Fair Housing Amendments Act of 1988, which became effective in 1989, prohibits discrimination in the terms and conditions of housing based […]

Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when evaluating our potential sales. (J.D., via e-mail) A: “Single family” use restrictions are common in the […]

Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail) A: Section 720.305(2)(b) of the Florida Homeowners’ Association Act does not specifically mandate that the 14-day hearing notice be […]

Q:  We recently received an e-mail from our management company regarding the filing requirements of the Corporate Transparency Act.  This is the first I’ve ever heard of it. Can you explain what this is? (M.M., via e-mail) A: On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA”).  The CTA is intended to deter […]

Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail) A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is appointed by the Governor. The DBPR is responsible for licensing and regulating various businesses and professionals, through its various […]

Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried this might be against Florida Statutes. (J.D., via e-mail) A: It depends. Section 718.112(2)(c) of […]

Q: A member of our condominium association board recently resigned, unexpectedly, part way through the first year of their two-year term. According to our bylaws, a board member appointed to fill a vacancy serves until the next scheduled election. Does the temporary replacement serve only until the next annual meeting, or can they fill out […]

Q: What rights does a condominium association have when dealing with an abandoned unit, and under what circumstances can it go into the unit? (K.Y., via e-mail) A: Section 718.111(5)(b) of the Florida Condominium Act provides that even if the declaration of condominium or other recorded condominium documents do not explicitly provide such authority, the […]

Q: Recently, the board of our homeowners’ association amended the community rules without filing the updated document with the county clerk. They only noted the change on our website. Can the board enforce a rule change that wasn’t officially recorded? (E.R., via e-mail) A: Section 720.306(1)(b) of the Florida Homeowners’ Association Act outlines the procedures […]

Q: Our condominium association hasn’t held elections for many years due to a lack of more applicants than available board seats. We are considering amending how we handle board terms and adding term limits at the next annual meeting. Should we implement staggered terms for continuity and fair rotation, or should board members be allowed […]

Q: Do the new requirements for associations under Chapters 718 and 720 mandate that their websites must have public-facing pages, or is it sufficient for these websites to only have a password-protected area for members to access the required documents? (R.P., via e-mail) A: Section 718.111(12)(g)1. of the Florida Condominium Act was amended, effective July […]

Q: I recently reviewed communications from our condominium management regarding penalties for unit owners who fail to pay their maintenance fees. I find the penalties to be insignificant and ineffective. I am frustrated that those who don’t pay their share of our expenses seem unaffected and continue to enjoy amenities, making these penalties a real […]

Q: Can an owner of a condominium association exercise free speech to protest issues with their condominium association? (J.D., via e-mail) A:  That is a complicated legal question. The First Amendment to the United States Constitution only prohibits the federal government from abridging free speech rights. That protection is extended to the States and their […]

Q: I am on the board of our homeowners’ association. I have been reading about all the new required actions our board is supposed to take. One of the new changes deals with sending our documents out. Can you clarify what we are supposed to do? (S.F., via e-mail) A: Pursuant to Section 720.303(15) of […]

Q: Our small condominium association (27 units) has a number of unit owners who are either foreign nationals, primarily residing abroad, or marine industry folks working offshore for months at a time. It is hard for them to vote in our board elections. Must condo board election ballots only be cast by traditional, hardcopy “snail-mail” […]

Q: One of the board members of our homeowners’ association has attended only one meeting in the past year and has not provided any reasons for their absences. I found no clear guidelines in our association’s documents on how to handle such situation. Our board president is content to tolerate the absences. Are there any […]

Q: I am a member of a homeowners’ association that was established with governing documents written and recorded in 1994. Recently, I received a packet for an upcoming association meeting, which included an item on the agenda about renewing our governing documents under the Marketable Record Title Act. This packet also included a notice informing […]

Today’s column is the seventh and final installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on architectural changes, governing document disclosures, hurricane protection requirements, as well as some miscellaneous […]

Today’s column is the sixth installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on fines by HOA’s and new regulations on pickup trucks. Fining and Suspension of Use Rights: […]

Today’s column is the fifth installment of our review of 2024 legislation affecting Florida community associations. The first four pieces dealt with changes to the condominium statutes and rules for community association managers and management companies. Today, we will begin our review of some major changes made to the laws regulating homeowners’ associations. Mandatory Websites: […]

Today’s column is the fourth installment of our review of 2024 legislation affecting Florida community associations. The first three pieces dealt with changes to the condominium statutes. Today we will wrap up the discussion on changes to the condominium statutes and cover some major changes made to the laws regulating community association managers and management […]