News-Press

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 […]

Q: I am on the board of my condominium association, and we are in the process of repairing our building following damage from Hurricane Ian last year. The board of directors must make numerous decisions regarding the reconstruction process. To facilitate the reconstruction, the board has been using an online system where each board member […]

Q: I recall that a few years ago there was a lot of discussion regarding term limits for board members. I have not heard anything about term limits recently and know that a number of board members in my community have served for a long time. What is the term limit for condominium association board […]

Q: Is a homeowners’ association permitted to adopt amendments changing the leasing rights of owners in the community? I was recently told that the statute was changed, and rental restriction amendments are no longer permitted. Is this correct? (W.K., via e-mail) A: Not exactly. Chapter 720 of the Florida Statutes is called the Florida Homeowners’ […]

Q: The board of directors of my condominium association has been discussing taking out a loan to pay for major repairs to our condominium building. To my knowledge, our association has never borrowed money before. It seems to me that for such a serious undertaking, a vote of our owners should be required. Is a […]

Q: My condominium association is in the process of renewing its insurance policies and our insurance agent advised that we needed a fidelity bond policy with a higher limit for the coming year because of the insurance proceeds the association received following Hurricane Ian. Why would we need higher limits on our fidelity bond? (W.K, […]

Q: Can the board of an association conduct business by e-mail vote between meetings, and then ratify the votes at the next board meeting? (A.Z., via e-mail) A: No. Section 718.112(2)(c) of the Florida Condominium Act and Section 720.303(2)(a) of the Florida Homeowners’ Association Act, both state that directors may communicate with each other regarding […]

This week we conclude our review of relevant legislation from the 2023 Legislative Session. Previously we reviewed the bills that directly impact community associations through amendments to the community association’s statutes, including Chapter 718, the Florida Condominium Act and Chapter 720, the Florida Homeowners’ Association Act. This week we review legislative changes to other statutory […]

This week we continue our review of the legislative changes concerning community associations. In our last column, we were reviewing the changes to Chapter 720, Florida Statutes in HB 919, the Homeowners’ Association Bill of Rights. In this column, we will finish our review of HB 919 and review HB 437 concerning the display of […]

In continuing with our overview of the legislative changes from the 2023 legislative session which impact community associations, this week’s column will review HB 919, titled as the “Homeowners’ Association Bill of Rights.” HB 919 was approved by the Governor on June 12, 2023, and becomes effective on October 1, 2023. HB 919 only applies […]

This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now effective. That column can be reviewed at https://beckerlawyers.com/reserve-and-inspection-laws-changed-news-press/. There are several other […]

Q: Can members of a condominium association vote electronically/remotely and can they be given their notices by e-mail? (K.R., via e-mail) A. Yes. As these terms are often confused, there are several distinct procedures that are often asked about: Electronic Voting (or “E-Voting”) Electronic Notice (or “E-Notice”) Remote Participation Absentee Voting E-Voting is where someone […]

Q: Can a spouse of a unit owner, who is not a co-owner of the condominium unit, serve on the board of directors for a condominium association (P.H., via e-mail)? A: It depends on the provisions of your condominium documents. Section 718.112 of the Florida Condominium Act defines the term “candidate” as an “eligible person” […]

Q: We have a condominium unit owner who has not paid dues in over a year. We would like to suspend their legal rights until they are paid up. May we do this? (M.L., via e-mail) A: Section 718.303(4)of the Florida Condominium Act (the “Act”) provides that where a unit owner is more than 90 […]

Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Inspection Deadlines: The relevance of proximity to the coastline has been removed from the law as a […]

Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? (K.B., via e-mail) A: Section 718.111(12)(a) and (b) of the Florida Condominium Act requires that the minutes of all meetings of the condominium association, including meetings of the unit owners and meetings of the board of directors, be permanently […]

Q: My condominium association recently approved a special assessment to pay for a construction project. The project is now completed and there is money left over. The board has now called a meeting where they are going to consider the applying those funds to a different project. Isn’t the association required to return this money […]

Q: The board of directors for my condominium association has an ongoing dispute over which board members can put items on the agenda of a board meeting. Can individual board members put items on the agenda of a board meeting? (J.N, via e-mail) A: The Florida Condominium Act does not address how the agenda of […]

Q: What are the requirements regarding keeping minutes for workshops by the board of directors? (L.F., via e-mail) A: A board “meeting” is generally defined as any “gathering” of a “quorum” of the board members gathered to “conduct association business.” Breaking this down into its basic components, a gathering is any physical or virtual assembly, […]

Q: A question has arisen in my condominium association regarding what vote is required to change the property. At a recent meeting, 2/3rds voted in favor. However, this was just 2/3rds of the proxies, and not 2/3rds of everybody. Isn’t there a minimum number of votes required to make certain changes to the property? (C.D., […]

Q: Our condo association, like many others, had to issue an assessment to owners to recover the cost of damages from hurricane Ian. We have issued the notices, and all the owners except one has either made full or partial payments. We understand we may place a lien against the property, but what kind of […]

Q: After the developer transfers control of the condominium association to the unit owners, can the association increase the assessments for the common expenses only against the developer owned units to cover the costs of repair for construction defects? (C.D., via e-mail) A: No. Section 718.301(3) of the Florida Condominium Act provides that after control […]

Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how to correct the mistake. Should the board address this at the next board meeting and […]

Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) A: Most likely not. However, the answer to your question depends on several things, including the language contained […]