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“Committee Conundrum Explored,” News-Press

Q: A director on our condominium board recently resigned, but would still like to volunteer on a committee. Is this permissible? (S.F., via e-mail) A: I believe so, but the law is a bit of a mess. Section 718.103(7) of the Florida Condominium Act defines a “committee” as “a group of board members, unit owners, […]

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“50/50 Games Not Permitted,” News-Press

Q: My condominium association uses 50/50 raffles to raise funds for our committees. With the holidays around the corner and funding efforts in full effect, we are concerned about recent comments from some owners about this being illegal. Are 50/50 raffles allowed? (M.G., via e mail) A: No. I have written on this topic in […]

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“Only Directors Can Vote,” News-Press

Q: If our secretary steps down, we will only have 4 directors. How do we break a tie when voting on upcoming issues? (S.K., via e-mail) A: I think you are confusing the roles of officers and directors. Directors are elected by the members (they are “the board”) and only directors vote at meetings of […]

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“Services Not Required for ‘55 and Over’ Communities,” News-Press

Q: Some in our homeowners’ association argue we need not offer any amenities like a swimming pool, tennis court, bocce ball, bingo, community dinners, etc., in order to maintain our “55 and over” status. Others say we must have all these and maybe more. Is there a list of amenities that must be followed to […]

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

Q: I purchased my condominium unit last year. Am I entitled to have a copy of the agenda for regular board meetings prior to the actual meeting or at least be provided a copy upon attendance at meeting? (H.B., via e-mail) A: Under Chapter 718 of the Florida Statutes, the Florida Condominium Act, adequate notice […]

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“Law Does Not Limit Budget Increases,” News-Press

Q: My condominium association is confused as to how the “115% rule” applies to its budget. Is the association prohibited from adopting a budget that exceeds 115% of the preceding year’s budget? (E.O., via e-mail) A: No. Chapter 718 of the Florida Statutes, the Florida Condominium Act, does not limit the ability of the association […]

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“Cable Rebates Questioned,” News-Press

Q: Recently our homeowners’ association negotiated a new bulk cable and internet contract. One of the new provisions of the contract is the service provider is going to pay the association over one hundred dollars for every home in the community. The money is to be paid to the association in a lump sum. Many […]

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“Manager Not Legally Required,” News-Press

Q: The board of my association is considering terminating our management company’s contract and managing the association themselves. Is this permissible or is an association required to have a professional manager? (R.B., via e-mail) A: Neither Chapter 718, Florida Statutes (the Florida Condominium Act), nor Chapter 720, Florida Statutes (the Florida Homeowners’ Association Act), require […]

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“Amendments Can Be Grouped For Voting,” News-Press

Q: My homeowners’ association is preparing to have the members vote on four different amendments to the governing documents. However, the association is proposing putting the four amendments to the owners in one vote, take it or leave it. It was my understanding that the association was required to put each amendment to a separate […]

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“Directors May Abstain From Voting,” News-Press

Q: In your column of August 5, 2018, titled “Board President Should Vote,” you state that “[u]nder previous law, directors could only abstain from voting if they had a conflict of interest” and “[u]nder current law, directors are permitted to abstain from voting without articulating a reason, though the abstention must be noted in the […]

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