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Recalling Board Members is a Tricky Proposition in Florida Condominiums
Question: All sorts of rumors have been flying around our condominium community about the actions (or inactions) of the current board and, more specifically, the president of the association. A group...
View ArticleReverse Mortgages and Unpaid Assessments in Florida Condominiums
Question: I serve on the board of my condominium association and one of the issues we have been hearing a lot about recently are “reverse mortgages.” Are there any specific concerns a condominium...
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SEC Proposal On New Pay Versus Performance Disclosure Rules
On April 29, 2015, the Securities and Exchange Commission (SEC), by a three-to-two vote, proposed new rules that would prescribe new mandatory pay-versus-performance disclosure. The proposed rule would...
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Florida Homeowners’ Association Act Defers to the Association’s Bylaws...
Question: Our homeowners’ association recently had its annual election for the board. We have five board members, and only four people filed papers to run. I came to the annual meeting and nominated my...
View ArticleHOA Documents Govern How Assessments Are Allocated
Question: Our subdivision has 20 platted lots. At the time of initial development, one owner purchased two lots and built one home on the combined lots. Our homeowners’ association has only assessed...
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IRS Provides New 409A Guidance: New Proposed Regulations Provide Additional...
On June 21, 2016 the IRS issued proposed regulations to modify and clarify existing regulations under Section 409A of the Internal Revenue Code. Many of these changes resulted from practitioner...
View ArticleAssociation Has Several Options to Enforce HOA Documents
The governing documents for our homeowners’ association contain a number of restrictions and rules. However, they do not contain any instructions on what happens if an owner fails to comply with the...
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7 Year Rule Does Not Apply to All Condo Records
Question: I recently contacted my condominium association asking to review various records since I have some serious questions about how things are being done. I asked to see all the election documents...
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Are Florida HOAs Permitted to Host “Penny-Ante” Games of Chance?
Question: I’ve heard that homeowners associations are permitted to permit “penny-ante” types of card games on common property, but don’t know what exactly is considered gambling and what’s permitted...
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HOA Documents and the “Florida Sober Home Bill”
Question: The issue of “sober houses” and other types of group homes has arisen in our community. We would like to know if we can amend our homeowners’documents to prohibit such uses? (S.W. by e-mail)...
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Right to See Association Employee Wages Ambiguous
Question: Do I have the right to know the compensation package of employees of my homeowners’ association? (J.S.by e-mail) Answer: This is a complicated issue and there is not unanimity of opinion as...
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Owners Must Follow Procedure to Petition the HOA Board for Agenda Items
Question: I live in a homeowners association and have e-mailed our board president a number of times concerning items that I feel should be discussed by our board. While the president has politely...
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Condo Balcony Grills Still a Burning Issue in Florida
Question: In your February 10, 2016 blog post, you stated that electric grills are no longer permitted to be used or stored on condominium balconies. I consulted with our local fire marshal who issued...
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Florida HOA Board Required to Act in Response to Member Petition
Question: I am the president of my homeowners’ association and recently the board voted to proceed with a construction project within the community. Shortly after the vote, the association received a...
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Condo Association Must Make Records Available Within 5 Working Days of...
Question: In a recent article, you stated that the Florida Condominium Act requires associations to make records available within 5 working days of a written request. However, I thought that the...
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Investment of Condominium Association Funds Warrants Caution
Question: I am a member of my condominium association’s board of directors. Recently, we were discussing how the association’s reserve funds should be invested. Historically, we have kept the...
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Florida Condominium and HOA Directors Can Usually Serve On Committees
Question: Can a board member also be a member of a committee, such as the fining committee or the landscape committee? (L.D. by e-mail) Answer: Yes and no. Generally, a board member can also be a...
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Florida Condominium Residents Should Leave Contractors Alone
Question: I live in a condominium association and there has been discussion concerning who has the authority to direct the association’s contractors and vendors, including the landscapers… We feel that...
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HOA Board Members Should Be Wary About Contracting with Their Association
Question: I own the company that provides landscaping services to the community where I live. The association recently sent out a notice soliciting self-nominations for the board of directors. I...
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Landscaping Violations Should Be Resolved Early in Florida HOAs
Question: I was recently elected to the board of directors for my homeowners association. One of the issues that led me to run was better enforcement of the restrictions in our governing documents. One...
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