Today’s column is the third installment of our review of 2024 legislation affecting Florida community associations. The first two pieces dealt with changes to the condominium statutes, as will today’s review. Electronic Voting: In a seemingly minor but potentially substantial change, the law now provides that if the board authorizes online voting, the board must […]
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“Review of Condo Law Changes Continues” – News-Press
This is the second installment of my annual legislative review for 2024. The first segment looked at changes to the condominium laws regarding director education, mandatory website requirements, new board meeting procedures, and the addition of criminal penalties for certain aspects of condominium statute violations. Today we will look at more changes to the condominium […]
Read More“Annual Legislative Review Begins” – News-Press
2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done. Today we will […]
Read More“Owners May Install EV Charging Stations” – News-Press
Q: I recently moved into a condominium that provides electrical outlets at each parking space, and I have been using one of these outlets to charge my plug-in hybrid car. The board informed me that I am not allowed to use the outlet because it is considered a common area, and they do not want […]
Read More“New Law Requires Dissemination of Documents” – News-Press
Q: I recently bought a house and became a new member of a homeowners’ association. The association did not give me or my realtor a copy of the association’s rules and covenants before my purchase. Can you explain the new law on this that I was told recently passed? (J.D., via e‑mail) A: Amendments to […]
Read More“Violation Notices Part of Official Records” – News-Press
Q: Does a member of a homeowners’ association have the right to review a list of properties that have violated the HOA rules, such as landscape plants that are not permitted or exterior house paint colors not approved? (A.C., via e-mail) A: If such a list exists, yes. However, the association is not legally obligated […]
Read More“Estoppel Charges Adjusted for Inflation” – News-Press
Q: I recently requested an estoppel certificate from our homeowners’ association to confirm the dues and fees associated with my property in connection with my selling the home. When I received the bill, the amount charged was higher than the cap mentioned in the Florida Homeowners’ Association Act. Can they legally charge more than what […]
Read More“Law Does Not Require Recording Rules” – News-Press
Q: The board of my association recently passed a new set of rules. Do we have to record these in the county records for them to be enforceable? (G.W., via e-mail) A: The “recording” of a legal document involves filing it with the Clerk of Court in the relevant Florida county. The law does not […]
Read More“Refund Rights Run with Title” – News-Press
Q: My condominium association board assessed seven thousand dollars per unit right after the Hurricane Ian in 2022, which I paid. The board has now decided they do not need the funds and have voted to return them to the owners. I sold my condo unit after the refund decision was made, but before the […]
Read More“Roofing Changes Usually Require Member Vote” – News-Press
Q: Our condominium association is thinking about changing roofing materials. Our bylaws say that a majority of the unit owners who participate in a meeting can decide any issue, “unless a specific voting percentage is stipulated in the declaration, these bylaws or law.” Does this mean that a majority of the unit owners can approve […]
Read More“Neighbor Cries ‘Fowl’ Over Chicken Ban” – 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 […]
Read More“‘Estoppel Certificates’ and Other Disclosures Explained” – News-Press
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 […]
Read More“Director Disqualifications Are Limited” – News-Press
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? […]
Read More“Candidates May Vote For Themselves” – News-Press
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 […]
Read More“HOA ‘3 Minute Rule’ Questioned” – News-Press
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 […]
Read More“Owner Questions Board’s Contracting Authority” – News-Press
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 […]
Read More“Term Limit Law Still 2 Years Away” – News-Press
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 […]
Read More“Association ‘Sunshine Laws’ Questioned” – News-Press
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 […]
Read More“Statute Of Limitations Apply to Associations” – News-Press
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 […]
Read More“Can Spouse Serve on Board” – News-Press
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 […]
Read More“Collection Dispute Confounds Board” – News-Press
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 […]
Read More“Remote Board Meetings Questioned” – News-Press
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. […]
Read More“Association Wants to Go ‘Paperless'” – News-Press
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 […]
Read More“Required Notice for Budget Meetings in Homeowners’ Associations” – News-Press
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 […]
Read More“Effective Date of New Reserve Law Questioned” – News-Press
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” […]
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