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“Tenants Can Claim Support Animal Rights,” News-Press

Q: Our condominium documents do not permit renters to have pets. A new short-term renter in my building has a dog. When I asked the management company, I was shown a certificate for an “emotional support animal” that can be purchased online.  It is my understanding that “emotional support animals” can only break a “no […]

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“Noisy Air Conditioner Generates Complaints,” News-Press

Q: Two owners in my condominium building had their air conditioner  units moved to the roof of the building. Is this allowed? The association has not had the units moved back. Don’t we need to vote to change our common elements? (E.H., via e-mail) A: Changes to the common elements which appreciably change the appearance or […]

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“Rezoning Process Explained,” News-Press

Q: The developer of an adjacent property is attempting to rezone it. We are already facing problems due to the growth in our area. Does the local government have a legal or moral obligation to protect us? (R.Z., via e-mail) A: According to my partner Kathleen O. Berkey, AICP, Board Certified in City, County, and […]

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“Restaurant Minimums Not Unusual,” News-Press

Q: I live in a community that includes a mandatory golf club membership. The restaurant/lounge has been underperforming. The board recently imposed a minimum food and beverage purchase requirement for all members. Is this legal? (R.C., via e-mail) A: I am told that there is an old saw in the golf club industry that it […]

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“Tree Root Damage, Who is Responsible?,” News-Press

Q: I live in a gated homeowners’ association.  Roots from a tree planted on the common area has damaged my driveway.  Who is responsible for the repair? (J.K., via e-mail) A:Probably you. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused […]

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“Directors Can’t Vote by Proxy,” News-Press

Q: If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue? Can another board member submit their written vote at the board meeting? (J.T., via e-mail) A: No. Section 720.303(2)(c)3 of the Florida Homeowners’ Association Act specifically provides […]

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“Death of Candidate Does Not Require New Election,” News-Press

Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before the election. At the annual meeting, the remaining four members of the board were re-elected. […]

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“Frequency of Board Meetings Not Set by Law,” News-Press

Q: The board of my homeowners’ association has decided to meet only quarterly. Is this legal? I thought that by law the Board needed to meet ten times per year. (S.B., via e-mail) A: Section 720.303(2) (a) of the Florida Homeowner’s Association Act states that a meeting of the board occurs “whenever a quorum of […]

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