Perspectives

Q: My community has set up various speed monitoring devices along the most travelled road. The board is now fining residents for speeding violations. Is this legal? What is the process for imposing a fine and can these fines result in a lien? D.V. A: Fines can be levied for violations of the governing documents, […]

Q: My condominium is thinking about changing the floors in the entrance area and lobbies from ceramic tile to granite tile. Would changing the flooring tiles be considered a material alteration requiring approval of the members? W.D. A: Under Florida law, a change to the common elements is considered a material alteration or addition, if […]

Q: The manager of my condominium mentioned at a board meeting that there is a new deadline in Florida to adopt the budget. What is this new deadline and what happens if the board blows this deadline? C.S. A: The Florida Condominium Act has been changed to require a board to adopt the annual budget […]

Q: My condominium is being overrun by commercial vehicles. I am trying to convince my board and fellow owners to change the documents to outlaw them. I got 15 percent of the owners to sign a petition to ban commercial vehicles. I gave the petition to the board but they won’t do anything. Aren’t they […]

Q: I manage a high-rise condominium. I recently received a request from a renter to inspect certain association’s official records, including all the condominium documents. Am I required to provide this renter with access to all the requested official records? J.H. A: The answer to your question changed recently due to the adoption of new […]

Q:     Have there been any developments regarding the term limit law for condominium directors?  In prior columns you mentioned that there was some confusion as to when it will impact existing director terms. H.H. A:     Yes, there is a recent development regarding this issue.  Condominium association term limits were first added to the statutes […]

Q: One of the directors on the board at my homeowners’ association needs to be removed. He is very belligerent to his fellow directors and other owners. He also rarely attends meetings and never contributes. What needs to happen under Florida law to get him off the board? C.S. A: Section 720.303(10) of the Florida […]

Q: A director on my condominium association board resigned. The remaining directors can’t agree on who should fill the vacancy. Can we hold a special election and let the owners decide? T.B. A: Yes. Most condominium documents allow the remaining directors to fill a vacancy on the board. Typically, the newly appointed director will serve […]

Q: There are numerous parking violations and pet violations occurring in my condominium community. I don’t believe the board and manager are taking proper enforcement actions. Are owners entitled to review board meeting minutes to see what, if anything, is being done to address these ongoing violations? Am I entitled to copies of any demand […]

Q: Please explain the “sunshine law” as it pertains to a three-member condominium board as compared to a five-member board. It seems that two directors discussing association business on a five-member board does not constitute a quorum, whereas two directors on a three-member board would. It seems that a smaller, three-member board is punished since […]

Q: I live in a condominium and there are several disruptive annual renters. There are six different sections but only one board. Each section is governed by their own declaration of condominium. Can one section approve an amendment to their declaration banning rentals even while other sections still allow rentals? G.P. A: Your community is […]

Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags.  Is it legal to fly a political flag on a home located in a homeowners association? I.B. A: Sections 720.304(2)(a) and 720.3075(3) of the Florida Homeowners Association Act specifically permit the flying of the […]

Q: I heard there is a new law that impacts the registration process for “55+” communities. What are the details? R.W. A: You heard correctly. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement for “housing for older persons communities” (often called “55 and over communities”) to register with […]

Q: In a recent column you said a new law passed about “emotional support animals,” which is supposed to cut down on bogus requests.  When does this law take effect and what are the details?  M.H. A: Senate Bill 1084 did become law.  It was signed by Governor DeSantis on June 23, 2020 and became […]

Q: My new condominium will soon be turning over from the developer. I am a unit owner and have been selected to serve on the transition committee, which has been primarily tasked with determining whether the developer has any obligation to make building repairs, etc. What are some things the transition committee should be thinking […]

Q: I am a new owner of a home located within a deed restricted community. Many of the lots, including mine, have large oak trees located between the rear of the residence and the community property line. The oak trees are never trimmed by the association. One oak tree in particular is located on common […]

Q: My condominium association board voted to close the swimming pool in late March due to the COVID-19 threat. A few days later Governor DeSantis signed the “Stay at Home” Order and specifically defined “swimming” as an essential activity. Does this mean that my condominium’s swimming pool closure is overturned by the Governor’s Order? R.W. […]

Q: My condominium association imposes strict limitations on the rental of units.  The condominium documents include a requirement for the board to review and approve all proposed leases and tenants.  The condominium documents also permit the association to charge a fee up to the highest amount the law allows to cover the cost of the […]

Q: I live in a condominium that does not allow pets of any kind, and never has allowed them.  One of the reasons I purchased a unit in this condominium is because I don’t like pets and I don’t want to be around them.  Last year my condo board allowed a new owner, who is […]

Q: My condominium association recently held its annual meeting and the election was quite close.  Only one vote separated the candidates for the last open director position.  The candidate that lost the election by one vote requested to review all the election materials, including the ballots.  He determined that three election ballots, all with votes […]

Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been “recalled” (removed by a member vote) can run again for the board.  Our membership, following all the proper procedures outlined in Florida Statutes relating to the […]

Q: The manager of my condominium association sent out the first notice of annual meeting and election late.  Instead of sending out the first notice 60 days in advance of the annual meeting he sent the first notice out 55 days before.  When I raised my concern he said there likely won’t be enough candidates for […]

Q: How much can a condominium association charge to review and approve a lease application received from a proposed annual renter?  Can the same fee be charged for a seasonal renter? G.F. A: Section 718.112(2)(i) of the Condominium Act states that no transfer fee shall be made by an association or its agent (e.g. management company) in connection […]

Q: My condominium association’s board is comprised of 8 board members, with directors serving 2-year terms.  At the 2018 Annual Meeting there were four persons who submitted their notice of intent to run for the board, including a husband and wife who jointly own one unit.  Since there was no election these four persons became […]

Editor’s Note:  David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities.  The Firm focuses a substantial amount of its practice on condominium and homeowners association law.  Attorney Muller […]