Condo Association Board Can’t Change Amendment Provision
Question: Our bylaws state that amendments to the bylaws must be approved by “at least a majority of the total votes in the association.” This has always been interpreted to mean half the units, plus...
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When Must an HOA Board Provide Reserve Schedules to Residents?
Question: When must the board for a homeowners’ association provide the reserve schedules to the members? Can this information be provided at the annual meeting, or does it need to be included with the...
View ArticleCan a 55 and Over Community Permit Underage Occupants?
Question: Our documents restrict residents in our community to individuals who are 55 years of age or older. There is a married couple, both of whom are under 55 years of age, that would like to live...
View ArticleCan Corporate Owners Serve On Condominium Board?
Question: Our condominium documents require that board members be either the title holder of the unit or the spouse of that person. We currently have a unit that is owned by an “LLC”, and now the...
View ArticleIs Gambling Legal in a Community Association?
Question: We would like to play bingo or have “50/50” drawings to increase funds for our association’s social committee. Is this legal? M.L. (via e-mail) Answer: Playing bingo games is lawful as...
View ArticleCan Association Boards Control Pets On Private Property?
Question: My association has a rule that states that dogs should be “properly leashed and not run loose.” Pets must be “kept inside at all times except when being walked” and are “not to be chained in...
View ArticleDo Tenants Have a Legal Right to Attend Condominium Association Board Meetings?
Question: I live in a condominium unit. However I am not the unit owner, I rent the unit. I have rented this unit for several years, and as a long-term occupant of the condominium feel I have the right...
View ArticleDoes Allowing Neighboring Community to Use Storage Area Have Tax Implications?
Question: The common area of our homeowners’ association includes an area for storage of boats and recreational vehicles. Very few of our owners actually use the area, but we have received inquiries...
View ArticleDoes a Rescheduled Meeting Affect the Proxies Already Submitted?
Question: Our annual meeting for our condominium association was scheduled to be held on March 1. There were not enough members present, in person or by proxy, to establish a quorum, so the members...
View ArticleHow Should “Master Association” Board Vacancies Be Filled?
Question: In January, our “master association” had an election to fill three seats on the board. There were four candidates. Five months after the election, a board member resigned. For me it would...
View ArticleCan Condominium Associations Enter Foreclosed Units?
Question: Our condominium association has a unit where the mortgage was foreclosed. It has been sitting empty for seven months. The asset management company for the bank changed the locks and put a...
View ArticleShould Background Checks Be Performed On Renters in Florida Condominiums?
Question: Our condominium association would like to conduct background checks for rental applicants. Our manager advises that we cannot do this because our documents do not permit it, and that we would...
View ArticleHow Does Board Certification Work with Re-Elected Condominium Association...
Question: I know you have addressed the new board member certification requirement previously, but my question involves when a director is considered “newly elected.” Would a board member who has...
View ArticleDoes a Condominium Owner in Florida Have the Right to Have Records Mailed to...
Question: I requested that my homeowners’ association send me a copy of the association’s contract with the pool cleaning company. I sent this request via certified mail, but the association has...
View ArticleIs Board Certification Really Necessary for Board Members in Florida?
Question: I read your blog on “board certification” in condominiums and have suggested to our president that all board members take such a course. I received no reply. I sent a document production...
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Can a Homeowners’ Association Be Terminated?
Question: I live in a small homeowners’ association which does not have any amenities or common areas such as a community pool or park. The association only maintains a small landscaped area at the...
View ArticleWhat Rights Do Homeowners in HOAs Have to Inspect Official Records?
Question: I recently asked the property manager for my homeowners’ association whether my next door neighbor applied for approval of an expanded landscaping area, including a new garden area. I was...
View ArticleCan a Satellite Dish Be Installed On a Condominium Building?
Question: I am currently renting a condominium unit that is on the second floor of a four-story building and want to get satellite television. The satellite television provider came out and said that...
View ArticleAre Wheelchair Lifts Required for Private HOA Pools?
Question: We live in a large gated community of over a thousand homes. Our homeowners’ association’s swimming pool is inaccessible to people with severe disabilities. Is there any way to force our HOA...
View ArticleMust Community Associations in Florida Provide Handicapped Parking?
Question: In a previous blog you stated that under some circumstances an association may be required to designate a particular parking space for an owner’s use if they were handicapped. What provision...
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