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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Operations

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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

HOA Interfund Reserve Transfers Usually Board Prerogative

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

Question: Can the board of a homeowners’ association move monies from one reserve account to another, or for operating purposes, without membership approval? D.D. (via e-mail) Answer: Section 720.303(6)(h) of the Florida Homeowners’ Association Act states that “statutory” reserve funds (this is the industry accepted legal “slang” term and not a term used in the… Continue Reading

Can Condominium Association Employees Attend Closed Board Meetings?

Posted in Meetings, Reader Q&A

Question: The board of our condominium association recently held an “executive session” to discuss a “personnel matter.”  The “recording secretary”, who is an employee of the association, was present to take notes. Two of the directors objected to an employee being present and were advised that Florida Statute 718 allows for the recording secretary to… Continue Reading

Law Does Not Regulate Acceptance of Certified Letters by Condo Board Members

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

Question: Is there any statutory requirement that board members sign for certified letters that are sent to them on behalf of the association? R.B. (via e-mail) Answer: Neither Chapter 720, the Florida Homeowners’ Association Act, nor Chapter 718, the Florida Condominium Act, specifically discuss a board member’s obligation to accept or sign for certified mail…. Continue Reading

Association’s Pooled Reserves Require Attention To Detail

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

Question: I have a follow-up question to your recent column concerning reserve accounts. It is my understanding that the association’s board of directors, without a member vote, can change from straight line reserve funding to pooled reserve funding for future reserve funds. However, to move existing straight line reserve funds to a pool method would… Continue Reading

Filling Out Lender And Title Agency Questionnaires-Should Your Community Association Take The Extra Step?

Posted in Managers (CAMS), Official Records, Operations

With growing frequency, volunteer community association board members and association managers are being asked to fill out lengthy and often complicated paperwork on behalf of business entities who are looking to evaluate the value of a particular community. Your board may receive a request from a lender or title agency (or the attorney for either… Continue Reading

Condo Boards Can Prohibit Remote Attendance At Board Meetings By Unit Owners

Posted in Meetings, Operations, Reader Q&A

Question: Our condominium board has decided that they will no longer allow unit owners to attend board meetings “remotely” via telephone conference. Rather, the board has now ruled that only board members may participate via telephone conference. Is it legal for the board to prohibit unit owners from attending a board meeting “remotely?” R.P. (via… Continue Reading

Opening Condominium Board Meeting With A Prayer Raises Legal Question

Posted in Meetings, Operations, Reader Q&A

Question: How does the Florida Sunshine Law or other legal restrictions apply to a condominium association board meeting that would permit or prohibit opening the meeting with a prayer? G.B. (via e-mail) Answer: I believe you are confusing two separate legal principles. The “sunshine law” is often referred to, albeit in “legal slang”, in connection… Continue Reading

Can a Board Member’s Spouse Legally Serve as an Employee of the Condo Association?

Posted in Employment, Operations, Reader Q&A

Question: The wife of our condominium association president works in the association’s office handling property management duties. Can the spouse of a board member be employed as the association’s property manager? B.M. (via e-mail) Answer:  There is nothing in the Florida Condominium Act that says that the spouse of a director cannot be employed by,… Continue Reading

Can Your Association Save Time and Money by Using Email Notice?

Posted in Email, Meetings

As we approach the end of the year, condominium and homeowners associations throughout Florida are preparing to send out annual meeting notices to members of their communities. For most of these associations, this will mean printing out and mailing hard copies of each notice, agenda, proxy, proposed amendment, and any other item being sent to… Continue Reading

What Access Should A Board Member Have To Official Records?

Posted in Official Records

Two attorneys with our law firm recently had the pleasure of presenting at the September 26th Florida Community Association Journal Expo a class entitled Covering Your Assets: Avoiding Board Member Liability.  One of the questions that came up at that presentation was whether a Manager had to give a Board Member access to Official Records,… Continue Reading

Pooling Condominium Reserves Offers Greater Flexibility

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

Question: Our condominium association recently hired a new manager. She tells us that we should set up our reserve accounts in a “pool”. Can you explain what this means to us?  J.E. (via e-mail) Answer: “Cash flow” funding of condominium reserves, sometimes also referred to as the “pooling” method of reserve funding, has been around… Continue Reading

New Law On Condo Board E-mails Leaves Important Questions Unanswered

Posted in Meetings, Official Records, Reader Q&A

Question: I read your recent blog about directors conducting business by e-mail. I do not really understand how this new law changes the previous law. Can you shed any light on this? L.A. (via e-mail) Answer: Good question. The Florida Condominium Act was amended July 1, 2014, to add the following language to the statute: … Continue Reading

Tampa Seminar: Hurricane Amnesia – Disaster Planning & The Reality of Insurance Claim Outcomes

Posted in Education, Events, Hurricane/Disaster Issues, Insurance

It has been years since Florida has been impacted by a major windstorm event, which is fortunate for us as property and business owners but does nothing to remind board members and managers of the importance of proper disaster planning before it is needed. The statewide community association law firm of Becker & Poliakoff and… Continue Reading

Insurance Claim Seminar in Ft. Lauderdale on September 18, 2014

Posted in Events, Hurricane/Disaster Issues, Insurance, Uncategorized

The Most Common Community Association Directors & Officers Claims Insurance industry Expert, Joel Meskin, VP of Community Association Insurance & Risk Management at the McGowan Companies will be making a special guest appearance in Florida to discuss the do’s and don’ts of properly insuring and protecting your board of directors from lawsuits and losses. The… Continue Reading