Perspectives

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 […]

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 […]

Q: My condominium building suffered significant damage from Hurricane Ian, including damage to the exterior of the building and the interior of the units. The association recently said that it will begin making various repairs, including repairs inside the unit. Is this permitted without my permission since this is property that I own? (D.K., via […]

Q: My homeowners’ association is required to have an audit every year. This year there is a discussion of skipping the audit. Are there voting guidelines and deadlines on this? (A.G., via e mail) A: Section 720.303(7) of the Florida Homeowners’ Association Act provides that homeowners’ associations with annual revenues of $500,000.00 or more must […]

Q: Our current documents say that proxy votes are allowed in an election, yet during our recent elections, residents were told that proxies were not allowed. My question is whether this was legal? (K.T., via e-mail) A: It depends. Section 718.112(2)(b)2 of the Florida Condominium Act provides that proxies may not be used in the […]

Q: The board of directors of my condominium association has stated they are considering major restoration projects soon and have stated that they are considering a loan from a bank to fund part the projects. While nothing has been decided, the board has mentioned that considering a loan to pay for the work. Does the […]

Q: What exactly is a CAM? I hear this term used at some of our board meetings. (K.R., via e-mail) A: The term “CAM” is an acronym often used when referring to a “community association manager.” A CAM is a person licensed by the Florida Department of Business & Professional Regulation to perform “community association […]

The U.S. Small Business Administration (“SBA”) has announced that it is waiving the interest rate for the first year on new loans and deferring loan re-payments for 12 months. Therefore, SBA loan borrowers will not be required to make principal payments or interest payments during the first year of the loan. The SBA is automatically […]

Q: An issue recently arose in my homeowners’ association regarding who may be a candidate for election to the board of directors. A resident in the community, who is not on the deed of the home, has expressed an intent to run for the board. However, can a non-owner serve on the board of directors […]

Q: I am a director on the board of our HOA and we are questioning whether or not our board members can have a workshop to brainstorm and discuss the budget prior to presenting the budget to our membership. The board would not be looking to vote on and adopt the annual meeting at this […]

Q: There have been recent discussions in my condominium about the board installing an electric vehicle charging station for everyone to use. It was my understanding that owners are entitled to install charging stations at their expense. Doesn’t a common charging station that we all have to pay for require a vote of the owners? […]

Q: How much notice to the members is required when the board is adopting the annual budget? (B.R., via e-mail) A: For a condominium association, budget meetings must be noticed at least 14 days in advance for the benefit of the members. Notice is to be posted on the condominium or association property, and also […]

Q: When does a condominium association have to get bids for repair work and does the association have to hire the company with the lowest bid? (K.R., via e-mail) A: Contracts for legal, accounting, architectural, engineering, and landscape architectural services are not subject to the competitive bid requirements. Contracts for employees who work directly for […]

It has now been over a month since Hurricane Ian made landfall in Southwest Florida, causing historic levels of damage to our community. Some of the most shocking damage from Hurricane Ian was due to its unprecedented levels of storm surge, causing flooding in large portions of Southwest Florida. However, our community has responded in […]

It has now been about a month since Hurricane Ian devastated Southwest Florida. The clean-up process is ongoing, and many community associations still have significant amounts of debris to deal with. One option that may be available to community associations to address debris removal is authorizing entry by county contractors to remove materials. The Stafford […]

Q: I own a condominium with only 15 units in our association. The declaration for the condominium has never been updated and currently requires a vote of 75% of the all unit owners to change. Because four owners can veto any amendment, nothing can pass. Is there any way around this? Does Florida law address […]

Q: I found out my HOA fee went up almost 40 percent without any notice. I want to know why and if it went up for everyone. Can I request more information because I didn’t receive anything? (M.P., via e-mail) A: Board budget meetings in a homeowners’ association require posted notice, which must state that […]

Q: In the past you have written articles concerning the term limits provision added to the Condominium Act. I was wondering if there have been any updates on that issue and how the term limits now apply to current board members? (V.R., via e-mail) A: Since the Legislature originally amended the Florida Condominium Act in […]

Q: I recently sent a letter to the board of my condominium association criticizing the condition of the landscaping at our condominium. I recently found out that the chairperson of the landscaping committee requested a copy of my letter, and the board gave it to her. This feels like a breach of confidentiality. Is the […]

Q: We live in a gated community. Recently, the board has begun voting at its meetings to suspend the automatic gate access of owners who are delinquent in their assessments. While I support aggressive collection efforts by the association, I am worried that this type of suspension exposes the association to risks. Is a homeowners’ […]

Q: While current Florida law permits the use of fireworks 3 days a year, what, if anything, can an HOA do to restrict residents setting off fireworks within their community? In addition to the disruption of neighbors and the effect on many pets, the possibility of fires and projectiles landing on other homes seems like […]

Q: Recently, my homeowners’ association had the membership vote on amendments to our documents which limit leasing within the community. Previously, our documents did not contain any restrictions on leasing. The amendments state that all leases must be no less than 90 days in duration. I recall that the Florida law does not allow an […]

Q: Are owners allowed to use proxies to vote at a meeting in a homeowners’ association and what is required for a proxy? (S.T., via e-mail) A: Yes, generally, members of a homeowners’ association are permitted to vote by proxy at membership meetings. Section 720.303(8) of the Homeowners’ Association Act states that unless otherwise provided […]

Q: One of our HOA board members does not own the house he lives in, his parents in-law own it. Our documents state you must be a member of the association to serve on the board. He has given management a letter from an attorney, stating he is a trustee of the property. Can anything […]

Q: What happens is I refuse to pay a fine for violating the association’s governing documents? (R.N., via e-mail) A: A duly levied fine is due after a board appointed fining committee confirms, at a properly noticed fining hearing at which the accused can state his or her case, a fine proposed by the board. […]

Q: The foundation under my condominium’s sliding glass door has heaved which prevents me from opening the doors. My condominium manager says that I am responsible for taking out the slider door frame and grinding down the foundation cement. Am I responsible? (P.D., via e-mail) A: You have described an issue which may be a […]

Q: Our association will be holding its annual budget soon. After receiving the notice for this meeting, I called our association manager to ask how and where I could obtain a copy of the proposed budget. I was told that a copy of the approved budget would only be provided to the members after the […]

Q: What vote is required to protect our homeowners’ association documents from MRTA? (Y.G., via e-mail) A: MRTA or the Marketable Record Title Act is found at Chapter 712 of the Florida Statutes. MRTA extinguishes certain encumbrances on real property after 30 years. The original intent of the Act was to remove old or stale […]

Q: I live in a townhome. My neighbors recently installed outdoor lighting in their back lanai. Bright lights flood into my home and are becoming a serious annoyance. Can my association request that my neighbors have their lights dimmed or removed to stop this nuisance? (T.S., via e-mail). A:  I would suggest starting by speaking […]

This week concludes our review of the 2021 legislative changes by reporting on a number of miscellaneous bills that may have indirect applicability to community associations. House Bill 403, relating to home-based businesses, became effective on July 1, 2021. The new law specifies conditions under which a business is considered a “home-based business,” provides requirements […]

This week continues our review of the 2021 legislative changes affecting Florida community associations focusing on two bills that address COVID-19 pandemic legal issues. Senate Bill 72 took effect on March 29, 2021. This law was initially reported in this column on April 25, 2021. SB 72 outlines the legal process a plaintiff must follow […]

This week continues our review of the 2021 legislative changes affecting Florida community associations. Today we will cover Senate Bill 1966, which addresses budget procedures for condominium and cooperative associations, as well as two other bills of interest. These laws took effect July 1, 2021. Section 718.112(d)2 of the Condominium Act has been amended to […]

This week continues our review of the 2021 legislative changes affecting Florida community associations. Today, we will cover Senate Bill 56, which creates new requirements for association collection notices, and House Bill 463, which relates to swimming pools. Both laws took effect July 1, 2021. Senate Bill 56 amends the Florida Condominium Act (Chapter 718), […]

This week continues our review of 2021 legislative changes to Florida’s community association statutes. Today will continue the discussion of Senate Bill 630 and its amendments to the Florida Homeowners’ Association Act. These changes took effect July 1, 2021. Reserves One of the more significant changes to the laws this year was to Section 720.303(6) […]

This week continues our review of the 2021 legislative changes, continuing the discussion of Senate Bill 630, which took effect July 1, 2021. Last week we concluded our review of the changes to Chapter 718, the Condominium Act and started the review of changes to Chapter 719, the Cooperative Act. A number of the amendments […]

This week continues our annual review of 2021 legislative changes, continuing the discussion of Senate Bill 630, which took effect July 1, 2021. Developer Escrow Funds Section 718.202(3) of the Condominium Act has been amended to address a developer’s use of pre-closing deposits. The developer may, if the sale contract so provides, use the funds […]

This week continues our annual review of the legislative changes which affect community associations, and continue with the main bill, Senate Bill 630, which took effect July 1, 2021. For the first edition, see Community Associations Affected by the 2021 Legislative Session, published on August 1, 2021. Transfer Approval Fees Section 718.112(2)(d)3 of the Condominium […]

Beginning this week, this column will begin its yearly review of legislative changes affecting community associations. Today, we will start with the main bill, Senate Bill 630, which became effective July 1, 2021. Section 627.714(4), Florida Statutes: Insurance Subrogation The new law provides that if a condominium association’s insurance policy does not provide rights for […]

Q: The foundation under my condominium’s sliding glass door has heaved which prevents me from opening the doors. My condominium manager says that I am responsible for taking out the slider door frame and grinding down the foundation cement. Am I responsible? (P.D., via e-mail) A: This may be a symptom of a more significant […]

Q: What is an “MSTU”? My neighborhood association, which is voluntary, is considering getting one set up to maintain our roads. (P.K., via e-mail) A: Counties have the authority to create a special taxing district, known as a Municipal Service Taxing Unit, commonly called an “MSTU,” or a Municipal Service Benefit Unit, commonly called an […]

Q: Fining for violations has always been confusing to me, since most fines are cumulative or compounding for each day the violation is not corrected. Should the due date be following correction of the violation or whatever date the fine ceases? (R.N., via e-mail). A: You are not alone. I have written this column for […]

Q: As a popular columnist for Condominium and HOA residents, can you assist Lee County in providing information for hurricane season 2021? (Betsy Clayton, Lee County Government) A: I am happy to do so. According to resources previously provided by the County for this column, property managers and residential community associations can take proactive steps […]

Q: What is the difference between a CDD and an HOA? (R.B., via e-mail) A: A Community Development District, or CDD, is an independent special taxing district created under Chapter 190 of the Florida Statutes. A CDD is a type of government entity, usually created at the request of developers of large tracts of land, […]

Q: I live in Canada and own a condominium unit in Florida. I cannot travel yet to go back to Florida and my condominium board president has blocked me from sending him e-mails. What are my rights to get information about finances, planned maintenance, and minutes of meetings? (J.C., via e-mail) A: Accounting records, minutes […]

Q: Our condominium association is considering converting into a “55 and older” community. Is it true that 80% of our units must vote “yes” to effectuate this change? (D.J., via e-mail) A: No. The federal Fair Housing Amendments Act of 1988, as amended by the Housing for Older Persons Act, states that communities meeting certain […]

Q: Can hurricane shutters remain closed when a home is unoccupied throughout the summer, even when there is not an active threat of a storm? (D.F., via e-mail) A: It depends on the local codes and ordinances regulating the home, and the terms of your association’s governing documents. The Florida Fire Prevention Code and the […]

Most readers of this column know that each year, over the summer, we typically review the year’s legislative applicable to community associations. While I will do so, and there is some significant legislation that appears poised to pass, a recently enacted law dealing with COVID-19 liability is worthy of discussion now. On March 27, 2021, […]

Q: What is the accepted practice that my homeowners’ association should follow for opening and counting secret ballots used to elect the board? (J.D., via e-mail) A: Section 720.306(8) of the Florida Homeowners’ Association Act provides that if the governing documents permit voting by secret ballot by members who are not in attendance at a […]

Q: What are the requirements for a condominium association board to hold a “workshop” meeting? Is the association still required to post notice if there is a quorum of the directors present? What if there is not a quorum present? Are minutes required? (M.M., via e-mail) A: A “board meeting” is defined as any gathering […]

Q: Our condominium association’s bylaws provide that for an owner to be qualified to serve on the board, he or she cannot be delinquent more than 30 days. Our manager says the state statute says 90 days and supersedes our bylaws. Do our bylaws or the statute control? (R.G., via e-mail) A: The controlling authority […]

Q: My homeowners’ association recently put out bids for repaving of our roads and hired the lowest bidder. Is this legal? (J.M., via e-mail) A: Both the Florida Homeowners’ Association Act and the Florida Condominium Act require associations to obtain competitive bids for certain contracts. Section 720.3055 of the Homeowners’ Association Act states that any […]

Q: Can any board member place items on the meeting agenda? (C.B., via e-mail) A: This is one of those “chicken and egg” issues that has no clear answer. The statutes do not address it. Very few bylaws I have read address the issue. The bylaws I draft for clients typically allow a set number […]

Q: Our homeowners’ association has a new board that is currently working on the transition from the builder. Residents have become quite vocal, and complaints are numerous about general association matters and other residents. A resident set up a social page open to members of the community, which has become predominantly a method for complaints […]

Q: For our condominium association’s upcoming election, the blank candidate information sheet provided by the management company has a signature and date line at the bottom. Is it required that candidates running for the board of directors to sign the candidate information sheet form after what they have written about themselves? (S.G., via e-mail) A: […]

Q: A member of our homeowners’ association board shared a few e-mails that were sent between board members. In these e-mails, the board members discussed association business, individual homeowners, and how they planned to handle certain decisions. Are these e-mails considered public information? What is the best way for homeowners to obtain these e-mails? (T.K., […]

Q: An issue has come up in my condominium association regarding the role of the association president. Some members, including the current president, feel that the president of the association has the authority to take any action on behalf of the association without the consent of the rest of the board. Is this correct? (M.U., […]

Q: Can the board of a condominium association allow unit owners of certain buildings to fence in areas that are defined as common areas per our declaration and plats? Once fenced, the areas would be exclusive to the respective unit owners, and not all buildings. Therefore not all members would be able to use the […]

Q: My homeowners’ association has a rule that prohibits commercial vehicles from being parked in the driveways. A question came up as to whether this rule would apply to a police cruiser that is driven by one of our owners who is a law enforcement officer. The board stated that the police cruiser was allowed […]

Q: Are “beware of alligator” signs legally required in Florida? (B.K, via e-mail) A: No, though they may be a good idea where appropriate. The association can be held liable if someone is injured on the property due to the association’s negligence, and will very often be sued just because there was an injury. Courts […]

Q: Our community was built in 1982. Many homeowners have had screen patios for 38 years. The board now wants the screens removed and if a homeowner does not remove it, the board will, and it will send the bill. Can an HOA do this now after 38 years? (A.W., via e-mail) A: It depends […]

Q: Our social committee wants to start a “movie night” that is open to all of our residents. Would this violate copyright laws? (C.S., via e-mail) A: First, I would be very skeptical of adding new social activities of this nature until the COVID-19 pandemic is under better control. The Federal Copyright Act (“FCA”), governs […]

Q: Is it permissible for a candidate for the board to include personal information about himself or herself in the official ballot mailing sent by our condominium association? Does the board have the right to edit these or withhold inflammatory comments? (S.M., via e-mail) A: Section 718.112(2)(d)4 of the Florida Condominium Act provides that upon […]

Q: My association is threatening to fine me $100.00 per day for not following their mask rules. Is there a law that allows associations to fine $100.00 per day? (J.G., via e-mail) A: Section 720.305(2) of the Florida Homeowners’ Association Act authorizes an association to levy fines for the failure of the owner of the […]

Q: Our declaration of condominium requires “two-thirds vote, by proxy or in person,” to approve an amendment. For example, if only 20% of members participate in a meeting, this would enable passage if 12% of the membership at a meeting to approve. Is this correct? Is there a minimum number of these “interests” required to […]

Q: Due to the ongoing COVID-19 pandemic, many of the seasonal owners in our condominium will not be returning this year. This raises concerns about how we should conduct the election for directors. We understand that owners cannot vote in the election by proxy, and we don’t use electronic voting. Is there an exception that […]

Q: Can the members of our board of directors receive a holiday bonus? (G.M, via e-mail) A: Not to be the “grinch,” but this is generally not a good idea and is usually not legally permissible. Section 720.303(12) of the Florida Homeowners’ Association Act generally prohibits directors and officers from directly receiving a salary, compensation, […]

Q: I asked my association’s manager for a copy of our community pool’s permit and was told to go get it from the Florida Department of Health myself. Is our manager required to provide a permit like this to the owners when asked for a copy? (B.B., via e-mail) A: The answer to your question […]

Q: How can a condominium “material change” be approved? Who approves it, the board or the property owners? If several items are being altered, must each item be listed separately or can it be a single vote lumped together as one? (A.J., via e-mail) A: The voting required for material alterations or substantial additions to […]

Q: Our homeowners’ association pool is only open from “dawn to dusk.” With the time change, it gets dark early. Residents who work are not able to use the pool during the week. Can the board change the pool hours or is “dawn to dusk” mandated by the state? (L.T., via e-mail) A: The Environmental […]

Q: I have an HOA question about board members voting by proxy. I believe that they cannot submit their own personal vote via proxy, but are they allowed to simply collect unlimited proxies? The board members collect and give the proxies to one board member to distribute. Is this legal? (E.L., via e-mail) A: You […]

Q: Is it necessary for the board of my condominium association to get a vote from the owners to change parking rules? They want to restrict me from parking my third vehicle on the property. I have been living here for over a year with three vehicles and no problem. (R.T., via e-mail) A: The […]

Q: We recently discovered that the air handler drain in the unit above us became clogged resulting in water damage to our unit. Our insurance covered some of the costs, but not all. We were not in the unit when this occurred and it was some time before we discovered it, resulting in mold. Would […]

Q: My homeowners’ association has maintenance access easements over certain areas across the lots adjacent to a pond. Does this mean that all homeowners’ association owners/members are allowed to walk over these access easements to access the pond? (D.P., via e-mail) A: It depends upon the language of the grant of easement itself, which will […]

Q: I live in a condominium and want to know if there is a state statute that limits the number of units that can be rented in a condominium or can the owners establish such a limit? (R.B., via e-mail) A: Chapter 718 of the Florida Condominium Act (“Act”) does not limit the number of […]

Q: What steps can my homeowners’ association take to control speeding on our community’s roads? (A.G., via e-mail) A: A number of issues are at play here. For example, what speed measuring devices are being used, if any, what enforcement measures does the association have, how are the association’s roadways classified, and who has easement […]

Q: My homeowners’ association is considering amendments to its governing documents. A question has come up concerning what membership vote is required to amend the documents. Can you please advise? (G.R., via e-mail) A: There is no one size fits all answer concerning what vote is required to amend a homeowners’ association’s governing documents. The […]

Q: My condominium association has been questioning when owners and board members can vote by proxy and the differences between a general and limited proxy. Can you explain when proxies can and should be used by either board members or unit owners when voting? (G.R., via e-mail) A: The short answer to your question is […]

Q: When can a condominium board of directors hold a meeting which is closed to the owners? (P.C., via e-mail) A: Pursuant to Section 718.112(2)(c) of the Florida Condominium Act, meetings of the board of administration at which a quorum of the board members is present must be properly noticed and open to all unit […]

Q: The board of directors of my condominium association have been discussing purchasing an adjacent parcel of land. There is a question in the community as to whether this is allowed. Can a condominium association purchase additional property? (N.K, via e-mail) A: There is nothing that prevents a condominium association from buying or selling either […]

Q: Our homeowners’ association board president has not been responsive. He is also over two months overdue on assessments. Can he be replaced and what are the steps for that process? (V.R., via e-mail) A: There is a difference between directors and officers. Directors (the “board”) are elected by the owners and can be removed […]

Q: There have been so many orders and news conferences from the governor regarding the COVID-19 pandemic. Can you give us a quick overview of what orders that apply to community associations are still in effect? (R.D., via e-mail) A: On March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52 declaring a state of […]

Q: Does a condominium unit owner have the right to prohibit anyone from parking in his assigned parking space while he or she is residing in their northern home? (J.M., via e-mail) A: It depends. If the parking space is designated by the declaration of condominium as a “limited common element,” the exclusive right of […]

Q: I own the top unit in a two-story building. Heavy rains caused roof damage which caused significant ceiling damage in my unit. The property manager quickly sent a roofer to fix the exterior problem. They will provide service to replace my ceiling sheet rock but will not pay for ceiling paint. Why shouldn’t it […]

Q: We heard a rumor that our “55+ Park” is no longer required to register with the state. Is this true? (D.R., via e-mail) A: Yes. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement that “housing for older persons communities,” often called “55 and over communities” register with […]

Q: Our condominium association board held online/telephone monthly meetings during the pandemic enabling owners to listen and ask questions. Normally, our board holds meetings where owners may attend in person. When the Florida Governor implemented Phase 2, the board went back to in person attendance meetings with social distancing. Is the condominium association required to […]

Q: My condominium unit has mold as a result of poor original construction in the 1980’s. Under the Florida Condominium Act, is the association responsible for the structural repairs of the damage caused by this mold? (S.S., via e-mail) A: Mold is a symptom of water or excess moisture being where it shouldn’t be. In […]

Q: What is the maximum fine an association can impose on an owner for a rule violation? (H.H., via e-mail) A: It depends. Condominium and cooperative fines are capped at $100.00 per day, and further capped at $1,000.00 in the aggregate for continuing violations. Homeowners’ association fines may not exceed $100.00 per violation, unless otherwise […]

Q: There is an ongoing dispute in my homeowners’ association concerning the installation of clotheslines that we are hoping you can resolve. Some owners have stated that they are entitled to install clotheslines on their lots without regulation by the association. The board of directors has stated that while clotheslines may be installed, they may […]

Q: Does Florida do unannounced audits of condominium or homeowners’ associations to see if they are conforming to the relevant statutes? For example, some of our board members don’t want bids for a contract even though it is required by statute. As President, the argument I got from some board members was: “who’s going to […]

Q: Lee County has information for homeowners’ association leaders. Professional property managers and residential community associations can now take steps to protect their communities in the event of a hurricane or other declared major disaster in Lee County. FEMA regulations require that private or gated communities have a current Right of Entry and Indemnification form […]

Q: Because of COVID-19, our homeowners’ association has prohibited guest use of our pool and fitness center. This has precluded third-party led fitness classes, even if the classes are offered outdoors. Instead, the association is allowing member-led fitness classes outdoors, like aqua aerobics and yoga, on the common areas. Is it permissible to allow members […]

Q: My condominium association has the digital key-code to my unit but is still insisting on having a physical key. Is the law specific on how I have granted them access to my unit? (D.L., via e-mail) A: Section 718.111(5)(a) of the Florida Condominium Act provides that the association has the irrevocable right of access […]

Q: An owner reported to the board that another owner has been “harassing” him due to his physical disability and has asked the board to take action. Is this an association responsibility or a private matter between the two owners? (N.K, via e-mail) A: There is no Florida case law on this issue, and how […]

Q: My homeowners’ association recently posted new rules concerning the use of our community pool in response to the coronavirus pandemic. The board stated that if the rules are violated, the association has the right to suspend the owner’s right to use the pool. Because the pool is a community pool owned by all the […]

Q: We have a five-member board and the board has said that they are only required to post notice of a meeting when three or more board members are together. However, we have learned that often, two board members will meet and discuss the association or that there will be phone calls between two board […]

Q: A number of years ago, I went to some county office and was able to get a copy of our condominium documents and latest bylaws. Does the county still keep an official copy of condominium documents? Is there an official copy registered with the state and/or county and can I get an official copy […]

Q: My condominium has a restriction against parking pick-up trucks on the community property. Where can I get the most current copy of my condominium’s policies? (S.B., via e-mail) A: Section 718.111(12) of the Florida Condominium Act requires an association to permanently maintain from the inception of the association, certain official records, including the declaration […]

Q: What are an association’s options if someone refuses to comply with our rules and protocols regarding COVID-19? A: Based on my experience, neither law enforcement nor other governmental agencies are going to get involved with rules of an association which are beyond the bare minimum requirements of law. At the risk of stating the […]

Q: Does our condominium association qualify for any federal aid due to the COVID-19 pandemic? A: This is one of the many issues where there is no clear answer and I hear diametrically opposed opinions from people whom I consider to be well-versed in legal matters pertaining to community associations. The Coronavirus Aid, Relief, and […]

Q: If someone in our community has been diagnosed with the virus, can we send out his or her name so that people know to be careful? A: We are in uncharted waters and there is no one size fits all answer. In my opinion, for example in a high-rise condominium building, there is adequate […]

Q: If we are aware of a confirmed COVID-19 infection in our community, are we obligated to report it to the Health Department? A: No, under Section 338.0031 of the Florida Statutes, only specified entities are required to report infectious diseases. Community associations are not on that list. Q: Can we close down our common […]

On March 9, 2020, Florida Governor Ron DeSantis, declared a state of emergency in response to confirmed COVID-19 cases in Florida. On March 13, 2020, U.S. President Donald Trump, declared a national emergency. Numerous units of state and local government around the nation have enacted similar proclamations and have implemented a variety of different measures […]

The World Health Organization has declared the Coronavirus a pandemic. States of emergency have been declared at the federal, state and many local levels. Not surprisingly, we are being asked what steps associations can and can’t (and should and shouldn’t) take. All of the association statutes in Florida contain an “emergency powers” provision that gives […]

Q: At our annual HOA meeting, the persons who were voted in by the board for the treasurer and secretary resigned after accepting the position that very night. Can the board fill the vacancies without an election? Is there a limited timeframe to fill the names of these vacant positions? I am also thinking we […]

Q: Can a homeowners’ association set speed limits that are below county limits? If so, how can they enforce these regulations? (T.H., via e-mail) A: In general, yes. Most governing documents grant the board of directors the authority to make rules regarding the use of common areas. Rules of a homeowners’ association can be stricter […]

Q: Could you please clarify the purpose of a proxy at a condominium association meeting? (M.G., via e-mail). A: A proxy is a document that allows an owner to designate another person to attend a meeting and to vote on the owner’s behalf. There are two types of proxies: limited and general. On a limited […]

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 […]

Q: As a condominium unit owner, am I entitled to any representation from the condominium association’s hired lawyer? (R.R., via e-mail) A: Generally speaking, no. While a unit owner may rightfully feel that he or she “pays” for the association’s attorney, the attorney represents the corporation as an entity, not its members individually, nor its […]

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 […]

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 […]

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 […]

Q: Where do I find in the statutes about relatives being on the board? I was told that if you are a relative, you cannot be on the board at the same time. Is that true? If so, what level of blood relation does it go to? (J.C., via e-mail) A: The law does not […]

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 […]

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 […]

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. […]

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 […]

Q: I have a question in regards to condominium board member term of office and elections. Due to the new law that started in 2018, do the board members automatically stay on the board if they choose to for up to eight years, or do they have to send their intentions to run again after […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Q: What are the Florida requirements for election of the board of directors and the eventual election of officers in a multicondominium association? Can anyone who is a member of any of the individual boards run for election? Does each association get a single vote? Does each association choose a representative who then becomes a […]

Q: I understood that Florida law permitted a unit owner in a condominium to install hurricane shutters to protect their unit. I was recently told by my association that only a specific type of shutter could be installed and that any other type of shutter was prohibited including putting plywood over my windows. Can the […]

Q: I recently purchased a condominium unit and discovered that the water bill is paid for by the association for the entire community as part of our assessments. This seems unfair because many of the owners like ourselves only stay in the unit a few months out of the year, while other units are occupied […]

Q: We are in the process of moving our condominium association’s existing website and all the information thereon to a new platform. Can the condominium documents be posted to the main homepage or do they have to be posted in a password-protected sub-page of the website? (R.M., via e-mail) A: Whether or not your condominium […]

Q: My homeowners’ association is attempting to amend our governing documents. At the membership meeting where the vote was to occur, the board announced that not enough of the members had participated and the board was continuing the meeting to allow more members to vote. Is that allowed? (K.R., via e-mail) A: Maybe. Chapter 720, […]