Q: You recently published an article stating that the names of fellow unit owners are a public record. Is the rule the same for timeshare condominium associations? A: No. When it comes to providing the names (and other information) of owners of a timeshare, the “rules” are different. Unlike the Condominium Act (Chapter 718, Florida […]
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Episode 04: Social Events in Your Community Association – “Can They Do That?
Your association is planning a big 4th of July party that also happens to be quite expensive. In episode 04 of “Can They Do That?,” Rosa de la Camara discusses whether or not a community social event can be deemed a legitimate common expense. When it comes to association rules and bylaws, there seem to […]
Read More2019 Florida Legislative Session – CALL Alert for April 18, 2019
I am delighted to report that the fraudulent ESA bill, HB 721, is moving along nicely and just passed its last House Committee (Judiciary) Tuesday with a unanimous vote of 17 Yeas. Previous Committee votes: Civil Justice – 14 yeas, 0 Nays // Children, Families & Seniors – 15 Yeas, 0 Nays. Also on Tuesday, […]
Read MoreCan an Association Be Held Liable for Discriminatory Conduct of Residents?
On a daily basis we read about acts of hatred and discrimination occurring in our society. As residential communities are microcosms of the society at large, associations, too, are increasingly faced with determining how to deal with such issues. Legal precedent has established that associations may be held liable for discriminatory acts committed by its […]
Read MoreElection Voting Assistance
In the Condominium Act, it is very clear that only a unit’s owner can vote in election. That means that an election can’t be decided through the use of proxies (limited or general). There is an exception for associations with fewer than ten units who have voted to follow a different voting procedure. In such […]
Read MoreCan a Director Resign for Any Reason?
I have met with many boards over the years and often find that they are tireless volunteers who due to malcontents in the community being unappreciative and rude chose to resign from the Board rather than continue dealing with the drama. The Florida Not For Profit Corporation Act (Chapter 617, Florida Statutes), which applies to […]
Read More2019 Florida Legislative Session – CALL Alert for April 16, 2019
The issue of retrofitting with an Engineered Life Safety System (ELSS) impacts older Florida high-rises (buildings constructed in 1992 or earlier that are 75 feet or higher). However, the issues discussed in today’s CALL Alert are instructive for all types of community associations when an operational issue in a community hinges on legislative relief. When […]
Read More“Vaping” Rules Questioned
Q: We have a few people who “vape” at the swimming pool at our condominium. I complained to one of them once as the fumes were blowing in my direction. They pointed to the “No Smoking” sign posted at the pool and said “there’s no rule against this.” What do you think? (K.G. via e-mail) […]
Read MoreThe Radburn Act and Amending the Bylaws
Q: The governing documents require approval of two-thirds of the owners in order to amend. Our board of trustees is indicating that we need to modernize our governing documents to comply with the Radburn Law. It is my understanding that this only needs to be done if the required votes for amendment is in excess […]
Read More2019 Florida Legislative Session – CALL Alert for April 08, 2019
HB 1153 (DuBose) and its companion bill SB 1270 (Farmer) seek to amend Section 501.172, F.S. to create the Florida Biometric Information Privacy Act. A growing number of Florida associations use electronic means to keep fingerprints and other biometric information on file when guests and vendors enter the community. Biometric information can include a retina […]
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