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Category Archives: Association Documents

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Assessments and Combined Lots in Florida HOAs

Posted in Assessment Collection, Association Documents, Governing Documents, taxation

Question: I live in a homeowners’ association community. Recently, one of our owners purchased the vacant lot next to their home. The owner has now combined the properties into one parcel with the taxing authorities and is now demanding that the association only charge them assessments for one lot, instead of two. Is this appropriate?… Continue Reading

What are Pooled Reserves and How do we Implement Them?

Posted in Association Documents, Budgets, Reserves & Financial, Meetings, Uncategorized

Question: I am a new director on my condominium association board. At a recent board meeting, there was a discussion about switching to “pooled” reserves. What are pooled reserves and what does the association have to do to implement pooled reserves? R.G. Answer: Cash flow funding of condominium reserves, often referred to as the “pooling”… Continue Reading

Florida Associations Should Consider Amending Rental Provisions Now—CALL Alert for January 13, 2017

Posted in Association Documents, Governing Documents, Legislation, Rental

As we start the New Year and the 2017 legislative session, community associations should be reviewing their current rental provisions and deciding whether to propose any amendments to address minimum rental terms. If your association has a problem with short term rentals in the community and would like to adopt amendments to the governing documents… Continue Reading

Are Social Event Expenses a Proper Expense for Florida Condominium Associations?

Posted in Association Documents, Budgets, Reserves & Financial, Governing Documents, Reader Q&A

Question: My condominium association holds an annual holiday party at a nearby restaurant. The association pays for everything, including the banquet hall, food and refreshments, by using common funds. Is this a proper common expense? J.A. Answer: Maybe. Your condominium association’s governing documents likely include a definition of “common expenses.” If this definition specifically includes… Continue Reading

Owners Must Follow Procedure to Petition the HOA Board for Agenda Items

Posted in Association Documents, Governing Documents, Rules & Regulations, Voting

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 acknowledged my e-mails, none of my suggested topics have been brought up. Does the board at least have to consider my issues?… Continue Reading

Right to See Association Employee Wages Ambiguous

Posted in Association Documents, Official Records, Reader Q&A

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 to what the law actually means. The answer to your question may depend on where the information you seek is contained. The… Continue Reading

HOA Documents and The “Florida Sober Home Bill”

Posted in Association Documents, Disability, Governing Documents, Reasonable Accommodations or Modifications

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’ association documents to prohibit such uses? (S.W. by e-mail) Answer: In 2016, the Florida Legislature adopted the “Florida Sober Home Bill,” which creates a new certification for… Continue Reading

Privacy Rights Should Be Guarded

Posted in Association Documents, Discrimination/Fair Housing, Rental

Question: Our declaration of condominium documents give the board the right to approve sales and leases. We have no one on our board that has experience in reviewing application information. A former board member, who is also an attorney, helps us review the information we receive. He makes a recommendation as to whether the application… Continue Reading

Association Has Several Options to Enforce HOA Documents

Posted in Association Documents, Covenant Enforcement/Violations, Rules & Regulations, Suspensions, Fines & Remedies

Question: 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 documents. If an owner is not obeying the documents, what does the homeowners’ association do? (D.H by e-mail) Answer: The association has… Continue Reading

The Airbnb Phenomenon and What It Means for Your Community Association

Posted in Association Documents, Rental

If your community association is located in or relatively near an area that is attractive to tourists, it is time for your board to start discussing the Airbnb phenomenon and what it might mean in the coming years. Sites like Airbnb, VRBO (Vacation Rentals by Owner), FlipKey, HomeAway, and Roomorama tout the fact  that they… Continue Reading

BPBALLOT Online Vote a Success in Santa Rosa Florida

Posted in Association Documents, Uncategorized, Voting

Several weeks ago, our first BPBALLOT online vote was finalized up in Santa Rosa Beach and it was a grand SUCCESS! Since our first vote we have several more communities who have already purchased a BPBALLOT license and have their online votes underway. If your community has historically struggled to achieve a quorum on important… Continue Reading

There is a Difference Between Requests to Inspect Official Records and Certified Inquiries

Posted in Association Documents, Official Records, Uncategorized

Question: We have a resident asking for clarification on the proper procedure to obtain copies of an invoice for work performed in the community. In a previous column, I thought you stated that requests for official records in a condominium association must be submitted by certified mail. Does this same requirement apply to a request… Continue Reading

Approvals to Alter Condominium Property Must be Made at a Properly Noticed Board Meeting

Posted in Association Documents, Common Areas, Email, Material Alteration, Official Records, Voting

Question: I regularly attend the board meetings of my condominium association. When I cannot attend, I make certain to read the minutes when they are posted. In the association’s quarterly newsletter, the president announced that the association would be changing the configuration of a conference room to allow for storage. Though the board is authorized… Continue Reading

HOA and Condominium Association Boards Must Keep Documents Current

Posted in Association Documents, Covenant Enforcement/Violations, Official Records

Question: Our condominium documents are more than 30 years old. From what I understand, the association membership must take action at some point to make certain that the documents are not extinguished, but I think we might have missed the deadline. Is that the case?  If so, does that mean that our declaration of condominium… Continue Reading

Florida HOA Boards Must Be Consistent with Architectural Guidelines

Posted in Association Documents, Reader Q&A

Question: The board of directors of our homeowners’ association is totally arbitrary in their application of the architectural rules in our community. For example, they approve applications for some owners, but when another owner applies for the exact same alteration, they are denied. My question is whether the board must be fair and equitable in… Continue Reading

Percentage Vote To Amend Condominium Governing Documents Requires Careful Language Review

Posted in Association Documents, Reader Q&A

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 members who attend the meeting. This strikes me as ridiculous. A quorum for a meeting in our association is only half the members;… Continue Reading

Does Condominium Board Have Right To Withhold Legal Opinions From Owners?

Posted in Association Documents, Official Records, Operations, Reader Q&A

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 association’s bylaws. None of these opinions involve lawsuits. Does the board have the right to withhold these opinions? J.D. (via e-mail) Answer:… Continue Reading