Who is Responsible for Lanai Screen Repairs in Florida Condominiums?
Question: My condominium association recently sent me a letter demanding that I replace the screen on my lanai or they would do it for me and bill me. A little over a month later they hired a...
View ArticleShould HOA Boards Update Developer’s Documents to Stay Legal?
Question: One of our members told the homeowners’ association board that there is a new “rule” that recently went into effect that would invalidate our status as a homeowners’ association. He says that...
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Does a Board Member Always Have to Be an Owner in a Florida HOA?
Question: One of our homeowners’ association board members is not a home owner. Our bylaws state that each owner of a lot within the community is a “Member” of the association. The bylaws then...
View ArticleCan the Condominium Association’s Lawyer Also Represent the Manager?
Question: A unit owner in the condominium where I live filed separate complaints with the Department of Business and Professional Regulation against the condominium association and the management...
View ArticleIs There a Limitation On the Use of Drones in Community Associations?
Question: The issue of remote-controlled “drones” was recently brought up at our homeowners’ association meeting. There was concern by certain residents that people might start using drones within the...
View ArticleDoes Each Unit Get One Vote in a Florida HOA?
Question: There are 10 homes in our community. The declaration of covenants provides that it can be amended by a majority of the voting interests. It also provides that homes 1 through 9 each get one...
View ArticleDoes the Condominium Board Have Right to Change Locks?
Question: I recently received an email from my condominium association about a law requiring the association to change the locks for all units. We are located in a high rental tourist area. The e-mail...
View ArticleWho Can Recover Attorneys’ Fees in Disputes Between Associations and Law Firms?
Question: My homeowners’ association is in a dispute with our prior law firm regarding the payment of legal fees. We have not been able to come to a settlement and are currently scheduled to go to...
View ArticleDoes Condominium Board Have Right to Withhold Legal Opinions from Owners?
Question: I am an owner in a “55 and over” condominium community. The board refuses to provide copies of legal opinions about how the board should interpret and apply certain provisions of the...
View ArticlePercentage Vote to Amend Condominium Governing Documents Requires Careful...
Question: I recently received a notice from my condominium about an amendment to our declaration of condominium. The notice stated that this amendment could be approved by a two-thirds vote of the...
View ArticleCan Florida Condominium Board Members Vote by Proxy?
Question: I am on the board of directors of my homeowners’ association. I travel quite a bit so I am often out of town for our board meetings. The board is considering a special assessment at our...
View ArticleAre Skylights a Window or Part of the Roof?
Question: I live in condominium consisting of 46 free-standing single family homes; 22 of them were built with skylights. During the rainy season, my roof developed a leak originating from the...
View ArticleIs a Change in Security Considered a Material Alteration?
Question: I live in a condominium association that has a guard at our entrance gate. If we change from a live guard to video surveillance cameras to save money, would that be considered a material...
View ArticleWho Pays to Maintain Covered Parking Spaces Only Available to Some?
Question: Certain units in my condominium have assigned covered parking and the right to use the covered parking space goes with the unit. Recently, the board advised the owners with covered parking...
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Do Budget Workshops Fall Under Sunshine Law?
Question: I live in a homeowners’ association. The board of directors has historically held a budget workshop with only the chief financial officer of the management company and two of the five...
View ArticleHow is Special Assessment Excess Adjusted After Sale of Condominium Property?
Question: The board of directors of my condominium association levied a large special assessment, which I paid. I then sold my unit. Shortly thereafter, the board decided that one of the purposes for...
View ArticleCan Senior Housing Communities Allow Underage Residents?
Question: I live in a 55 and over community and the board of directors for our association is considering a policy that would allow under-aged occupants to live in a community under certain...
View ArticleCan Florida Condo & HOA Owners Organize Political Rallies On Community Property?
Question: I live in a condominium association with politically active residents. One of our unit owners has asked to host a political event at the association’s clubhouse. I fear this event could...
View ArticleCan a Florida HOA Ban Political Yard Signs?
Question: With the presidential elections on the horizon, our homeowners’ association board has been discussing political signs in yards. There are two members of the board that want to ban all...
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Grilling On the Balcony: What is Permissible in Florida Condominiums?
Question: My unit has a screened balcony (some people call it a “lanai”). I understand that I cannot use a gas grill out there, but I enjoy using my electric grill when the weather is nice. The...
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