Header graphic for print
Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Operations

Subscribe to Operations RSS Feed

Should You Crowdfund Your Next Real Estate Project?

Posted in Budgets, Reserves & Financial, Construction

(This post originally appeared on Biz Law Today) If you are in the real estate business, you have probably seen the headlines about the first crowdfunded condo opening in New York City this month. This is just the latest example of the growing real estate crowdfunding movement that seems poised to explode in the coming years. What… Continue Reading

Does a Florida Association Have To Have A Website For Owners?

Posted in Fiduciary Duty of Board of Directors, Official Records, Operations, Reader Q&A

Question: What information is required to be on a homeowners’ association website? My association maintains a website, but it only contains minimal information. I cannot find the minutes of board meetings, copies of contracts, or insurance policies. If the association is not required to post this information on the website and I have to submit… Continue Reading

Erika Heads Our Way — Is Your Community Prepared? — CALL Alert for August 27, 2015

Posted in CALL Alert, Hurricane/Disaster Issues, Insurance

With Tropical Storm Erika bearing down upon us and likely to hit our shores over the weekend or early next week, it is important for you to know what to do if your community suffers a property loss due to this storm. There are certain steps you must take to ensure that your insurance claim… Continue Reading

What Rights do Homeowners in HOAs Have to Inspect Official Records?

Posted in Official Records, Operations, Reader Q&A

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 told by the manager that I am not entitled to this information and/or documentation as it is confidential. Is this correct?  E.T. (via e-mail)… Continue Reading

Directors Can Choose Certification Alternatives in Florida HOAs

Posted in Fiduciary Duty of Board of Directors, Reader Q&A

Question: I have a question regarding the new director certification/education requirement found in Section 720.3033(1)(a) of the Florida Homeowners’ Association Act. The HOA Act provides that a newly elected or appointed director has two choices. He or she can sign a form that says he or she has read the association’s governing documents, will work… Continue Reading

Does a Condominium Owner in Florida Have the Right to Have Records Mailed to Her?

Posted in Fiduciary Duty of Board of Directors, Official Records, Reader Q&A

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 refused to send me a copy. Rather, the association president is insisting that I go to the office to review a copy. He further… Continue Reading

How Does Board Certification Work With Re-Elected Condominium Association Board Members?

Posted in Board Eligibility, Fiduciary Duty of Board of Directors, Reader Q&A

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 continuously served on the board, prior to the amendment to the statute, but who has now been re-elected to the board be “newly elected” and… Continue Reading

Florida Condos & HOAs: Are you ready for electronic voting?

Posted in election, Elections, Legislation, Meetings, Operations

Every year I hear the same complaints about the procedures associated with obtaining a membership vote to approve some action or with respect to the election itself.  Apathy on the part of owners can really restrict community operations.  Many communities are stuck with governing documents written in the “dark ages” and cannot take advantage of statutory… Continue Reading

Are Informal Workshops Subject to Sunshine Laws in Florida?

Posted in Meetings, Operations, Reader Q&A

Question: If the board of directors of a homeowners’ association is meeting to just discuss routine operational or housekeeping issues, such as landscaping issues or minor repairs, must this meeting be noticed and open to the members? J.C. (via e-mail) Answer: Yes. The Homeowners’ Association Act, Chapter 720 of the Florida Statutes, provides in Section… Continue Reading

Hurricane Season is here – are you prepared?

Posted in Hurricane/Disaster Issues, Insurance

This checklist is just the start.  Please download our comprehensive Hurricane Preparedness and Recovery Guide for information regarding disaster mitigation, securing insurance proceeds, compliance with typical policy requirements, restoration of the property and planning needs. 1. Disaster Plan – Do a risk analysis of potential consequences of a storm and develop a complete disaster plan, designating a responsible… Continue Reading

Does Allowing Neighboring Community To Use Storage Area Have Tax Implications?

Posted in Budgets, Reserves & Financial, Common Areas, Reader Q&A

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 from people in adjacent communities as to whether they could pay a fee to store their boats and recreational vehicles in this area…. Continue Reading

Document Amendments Can Shift Maintenance Responsibility in Community Associations

Posted in Maintenance & Repair, Reader Q&A

Question: I live in a community composed of townhouse villas with shared party walls and roofs. Our governing documents state that the owner is responsible for exterior maintenance, repair, replacement and insurance. The Association is considering amending the declaration to shift responsibility for all exterior maintenance, repair and replacement of the villas (or at least… Continue Reading

Condominium Flood Insurance Obligations Subject To Debate

Posted in Insurance, Operations, Reader Q&A

Question: I live in a 12 unit condominium. Our declaration of condominium provides that the flood insurance “may be purchased if the association so elects.”  The association currently carries flood insurance, but 9 of the 12 owners would like for the association to discontinue this policy. Is there a state law that requires the association… Continue Reading

Robert’s Rules of Order Are Not “The Law” For Association Meetings

Posted in Meetings, Operations, Reader Q&A

Question: Our condominium documents do not specifically mention any parliamentary rules or procedures that are to be used in conducting our meetings. Our president says that the meetings must be conducted pursuant to the “Florida sunshine laws.” Does Florida require that meetings be run pursuant to Robert’s Rules of Order, or some other parliamentary procedures? … Continue Reading

Think twice before installing security cameras in condominiums

Posted in Common Areas, Maintenance & Repair, Material Alternation, Safety and security

Does your condominium building have security cameras that were installed by the developer?  Have there been violations of the association’s security protocol, such as unauthorized use of key fobs and contractor access to the building without registering with the front desk?  If the answer to both questions is “yes”, would you think that installing a… Continue Reading

Who Replaces Floor Tile After Condo Association Pipe Repair Project?

Posted in Maintenance & Repair, Operations, Reader Q&A

Question: Our condominium buildings were built over 30 years ago with cast iron pipes. These pipes are cracking and collapsing under the bathroom concrete floors of the first floor units. The association is in the process of replacing the pipes, which requires the association to first remove the flooring and break up the concrete floor… Continue Reading

Town Hall Meetings Can Trigger Sunshine Law

Posted in Meetings, Operations, Reader Q&A

Question: Our community holds monthly “informational” meetings, held right before the board’s regular meeting. All members are encouraged to attend, and the manager is there as well. Board members do not “run” the meeting, but participate in the audience like everyone else. One of our owners wants to videotape these meetings, and some people object…. Continue Reading

40 Year Recertification / Some Additional Thoughts

Posted in Fiduciary Duty of Board of Directors, Maintenance & Repair

We have already explained the Building Safety Inspection Program adopted by Broward and Miami-Dade Counties.   Building owners (operators or managers) must have the structure and electrical systems evaluated professionally by an engineer or architect.  The inspection is to identify any structural or electrical deficiencies that pose an immediate threat to life safety or where failure… Continue Reading

When Must an HOA Board Provide Reserve Schedules to Residents?

Posted in Budgets, Reserves & Financial, Reader Q&A

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 pre-meeting notice? D.D. (via e-mail) Answer: It depends. Chapter 720 of the Florida Statutes, often called the “Florida Homeowners’ Association Act”… Continue Reading