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“Board Workshops Covered by Sunshine Law” – News-Press

Q: I understand that if the board of directors posts notice for a meeting, and a majority of board members are there, that is a board meeting. However, what if a board just holds a workshop to discuss certain items and to get input, but no vote is taken. What is that, and is that […]

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“‘Estoppel’ Fee Explained” – News-Press

Q: I recently contacted my condominium association to get an account status for refinancing my mortgage. I was charged $299.00, which seems like a lot. Is this a valid charge? (J.R., via e-mail) A: The Condominium Act, the Cooperative Act, and the Homeowners’ Association Act, all regulate the amount the associations can charge for “estoppel […]

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“Neighbor Complaint Letters Not Confidential” – News-Press

Q: Our association has a requirement that no cars be parked in the street. I keep receiving letters from the manager saying that keeping a car parked in front of my house is a violation and that the letters are because of complaints from my neighbors. Am I allowed to be told who complained? (M.P., […]

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“State Publishes Mandatory Condo Form” – News-Press

As previously discussed in this column, the Legislature adopted SB4-D effective May 26, 2022. In addition to imposing new requirements for structural inspections for buildings of 3 stories or more in height, and significantly changing the reserve laws, the new law also creates new reporting requirements for condominium and cooperative associations. The law requires that […]

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“Neighbor’s Secondhand Smoke A Bother” – News-Press

Q: Can a condominium association ban smoking inside condominium unit? I have discomfort and health concerns related to my neighbor’s constant smoking. (M.C., via e-mail) A: There is no case law on this topic, and it is not addressed in the statute. The board is usually given the authority to adopt rules regarding the common […]

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“Notice of Board Meetings Must Be Posted” – News-Press

Q: It is my understanding that board meetings require paper posting of notice on the condominium property. However, our board does not always post notice saying that “they forgot.” What action can be taken to address a failure to post meeting notice as required? (M.G., via e-mail) A: Board members have a fiduciary duty to […]

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“‘Master’ Association Documents Usually Controlling Authority” – News-Press

Q: I own a unit in a condominium association that is part of a larger community made up of a number of other condominium associations and homeowners’ associations, all of which are governed by a master association. This raises questions about which documents control. For example, the master association’s documents state that leases must be […]

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“New Structural Safety Laws Create Questions” – News-Press

Q: I have heard that there will be efforts to change the new condominium law about inspections and reserves. Can you shed any light on what the proposals might be and their chances of passing? (S.G., via e-mail) You can read my initial summary of the new statute in my column “Enforcement of New Structural […]

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“HOA Lien Procedures Explained” – News-Press

Q: There has been confusion on my HOA board regarding when the association can record a lien against a delinquent owner. I thought we could lien after 45 days, but our manager says we must give a warning letter first. Is this correct? (G.M., via e-mail) A: More or less. First, the association needs to […]

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“Enforcement of New Structural Safety Law Examined” – News-Press

Q: In a previous column, you mentioned the new statute that deals with building inspections and reserves. I understand the reason for these changes, but do not understand how they are enforced or how extensive they are. Can you comment further on that? (S.S., via e-mail) A: This may be the most impactful change to […]

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