News-Press

Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, even though other homeowners have been keeping chickens. Does this set a precedent for how these […]

Q: I am in the process of selling my condominium unit and recently come across the term “estoppel certificate,” but I’m not quite sure what it means. Could you provide an explanation on exactly what kind of information is included on an estoppel certificate and just how much it typically costs to get one? I’d […]

Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t this result in the board member being removed from the board of directors of our association? […]

Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board […]

Q: Our homeowners’ association board only lets residents speak at board meetings after taking a vote. They can only speak for 3 minutes in total. My understanding is that the residents should be able to speak before the vote, and they can speak for 3 minutes per item on the agenda. What is the rule […]

Q: Recently, my condominium association authorized a major construction project. The contract for the work is several million dollars in value. The board of directors voted to move forward with their preferred contractor and authorize the president to sign. Isn’t this the type of contract that must be voted on by the owners? (O.V., via […]

Q: My condominium association will be having its annual meeting soon, which will include an election for members to the board of directors. Some of our board members have served for numerous years, and I understood that there are now term limits on the number of years a board member could serve. What is the […]

Q: I was recently elected to the board of my condominium association. I thought we had to follow Florida’s sunshine laws, but our long-time president said this is not true. She claims we can meet whenever we want as long as no votes are taken, or assessments are not going to be made. Is this […]

Q: My homeowners’ association recently sent me a notice stating that I had to remove a number of tree stumps in my back yard. The stumps are from trees that were removed following Hurricane Irma. Nothing has changed since those trees were cut down over five years ago. I don’t understand why my association is […]

Q: My wife and I live in a condominium unit in Florida. The unit is owned by my wife, in her name only. However, I would like to run for the board of directors. Does Florida law state that a spouse of a unit owner has the right to serve on the board? (E.B., via […]

Q: We have an owner in our condominium community who refuses to pay the current monthly assessment. Each month, she sends a check based on our budget from 2 years ago. She says she has not received a copy of the proposed budget 14 days ahead of time for the past two years as she […]

Q: Can the board of a homeowners’ association hold “Zoom only” meetings and not permit Owners to attend? (M.M., via e-mail) A: Subject to certain exceptions, I do not believe a board can circumvent the “sunshine laws” by using “remote only” meetings. There are exceptions in the law which permit board meetings to be closed. […]

Q: Our condominium association wants to go “paperless” as much as possible for our meetings and move to “virtual” meetings both for convenience and cost savings. Do you have any guidelines on what this involves? (S.R., via e-mail) A: The relevant terms are often confused or used imprecisely. There are several distinct procedures that come […]

Q: An issue has come up concerning my homeowners’ association board of directors and the adoption of our annual budget. Recently, the board noticed a board meeting for the adoption of the annual budget and only posted the notice as they do for normal board meetings. There was no mailing of information concerning the budget […]

Q: Our condominium association just held a vote to less than fully fund reserves for the 2024 budget. It passed by a majority of the quorum, but not a majority of the entire voting interests. There seems to be some question as to whether the recent statute change to “majority of the entire voting interests” […]

Q: There was a recent vacancy on the board of directors for my condominium association due to a resignation. The board voted to appoint someone to fill the vacancy. However, a question was raised as to whether that person fills the vacancy for the remaining term of the resigning director, which runs until the annual […]

Q: I am on the board of directors of a condominium association, and one of the units in our association has both unpaid assessments and taxes. We recently received a notice that the county will sell the unit to satisfy the unpaid taxes. We have questioned how this will affect the condominium documents and the […]

Q: Can a condominium association’s operating funds be combined with the reserve money? My association has not moved money into the reserve account and out of the operating account in the last year. The money is there, it is just not in the right account. Is it permissible to keep the reserve and operating funds […]

Q: My condominium association board recently adopted and collected a special assessment to fund a construction project at the building. However, due to a change in circumstances, the board of directors has now decided to not proceed with the project. A question has come up as to what the association should do with the money […]

Q: A question has come up in my homeowners’ association as to whether owners are permitted to vote by proxy at owner meetings. If so, where is this right found? (C.D., via e-mail) A: Section 720.306(8) of the Florida Homeowners’ Association Act states that members have the right to vote by proxy unless otherwise provided […]

Q: An issue has come up in my condominium association regarding the creation of the budget for the 2024 fiscal year. The board has discussed having a board workshop to develop the budget. However, it is not clear that the board intends to allow owners to attend the workshop. The board has stated this will […]

Q: Until recently, I was the president of my condominium association. However, certain unit owners were unhappy with the decisions I had made and pushed through a recall. While I do not dispute that they obtained recall agreements signed by a majority of the unit owners, they did so under false pretenses where they made […]

Q: You had previously written about some new changes that are coming up about how to handle fines in homeowners’ association. Can you give a brief summary of what we need to do? (M.J., via e-mail) A: Several new homeowners’ association laws became effective October 1, 2023. Included in the changes are new provisions in […]

Q: At a recent event I attended, someone mentioned a new rule that prohibits sheds on a single-family property in a HOA. I could not find any reference for that in your 2023 legislative reviews. It seems someone may have misunderstood or misinterpreted one of changes made. Can you please shed some light on this? […]

Q: In your previous column from 2022, it clearly addresses which documents control in the example of when a sub-association’s documents are stricter than the master. Which documents prevail in the following situation? My community had a master association and also four smaller sub-association. The sub association declarations have a 75 percent approval requirement by […]