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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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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

New Class in Sarasota, Florida: Condo Construction Projects Gone Wild!

Posted in Construction, Construction Issues & Contractual Disputes, Insurance, Maintenance & Repair

Presented By: Conrad Lazo and Steven H. Mezer Provider #0000811, Course #9626710, 2 HR CEU Credits This class is designed to educate community association managers and board members about the issues and pitfalls associated with community association renovations, maintenance and repairs to association property. We will address various issues including: Certificates of Insurance – Additional… Continue Reading

The 5 Most Frequently Asked Questions About Florida Fire Sprinkler Retrofits

Posted in Fire Sprinklers, Hurricane/Disaster Issues, Insurance, Liability, Material Alteration

As the 12/31/16 deadline for Florida high-rises to opt out of a full sprinkler retrofit looms large, the confusion regarding which multifamily buildings should opt out, why and what the consequences of that opt out vote will be escalates. Here are the top five questions I’ve been asked over the last several months from condominium… Continue Reading

Did My Association Legally Adjourn a Membership Meeting to a Later Date?

Posted in Governing Documents, Meetings, Operations, Voting

Question: My condominium association was set to have a big vote on some controversial amendments to the governing documents a few weeks ago. The proposed amendments include leasing changes that are onerous to investors and changes to the pet rules that seem totally unnecessary. I am strongly against these amendments, as are many other owners…. Continue Reading

Becker & Poliakoff Announces New Condominium & HOA Classes

Posted in Budgets, Reserves & Financial, Construction Issues & Contractual Disputes, Hurricane/Disaster Issues, Service Animals/Emotional Support Animals

We are committed to sharing our legal knowledge to help others. We do so by offering State-approved educational resources in various forms, including more than two dozen courses, conferences, panel discussions, personal meetings, and webinars that you can conveniently attend from your office or home. With this many available options, it is easy for your… 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

Hurricane Shutters and Florida Condominiums

Posted in Hurricane/Disaster Issues, Insurance, Rules & Regulations

Question: I am preparing to return to my northern home for the summer and intend to deploy the hurricane shutters on my condominium unit. However, the association is advising me that I cannot deploy my hurricane shutters unless there is a storm warning. Is this permissible? (B.M. via e-mail) Answer: Since hurricane season began on… Continue Reading

Homeowners Have the Right to Inspect and Copy Official Records of the Association

Posted in Official Records, Reader Q&A

Question: I recently sent my homeowners’ association a certified letter listing out five disagreements/questions I had about decisions made by the board. The president wrote back by e-mail and said that they would not answer my questions or address my concerns, but I could inspect the records of the association at my convenience. This is… 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

What are considered “Official Records” in Florida Condominiums and HOAs?

Posted in Official Records, Operations, Reader Q&A

Question: I am the secretary of my homeowners’ association. In reading the bylaws, I see that I am responsible for making sure that the association maintains all official records. However, our bylaws do not specify what constitutes an “official record.” We just had our annual elections. We now have ballots, and a large number of… Continue Reading

Online Voting: A Tool for Voter Inclusion and Fraud Deterrence

Posted in Elections, Fraud, Operations, Voting

Over the past few weeks, the Miami Herald and Univision have teamed up to investigate allegations of fraudulent condominium elections, primarily in Miami-Dade County. In fact, Miami-Dade County by far has the highest number of complaints of any county in Florida for voter fraud, according to the Department of Business and Professional Regulation, accounting for… Continue Reading

Associations Must Make Financial Statements Available to Members

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

Question: I belong to a voluntary property owners’ association which has raised money for various projects within our community. However, I did not renew my membership this year by paying the annual dues because I was dissatisfied with the association’s prior accounting of its funds. Is there any way to force a voluntary association to… Continue Reading

Florida HOA Act Allows Owners to Speak for at Least 3 Minutes at Annual Meetings

Posted in Meetings, Operations, Reader Q&A

Question: I recently attended our annual homeowners’ association members meeting. We were asked to vote on several proposed amendments to the declaration of covenants. The changes were substantial and I had a number of comments I wanted to make at the meeting. However, when I was given an opportunity to speak, I was told that… Continue Reading

HOA Documents Determine Who is Obligated to Replace Landscaping

Posted in Maintenance & Repair, Reader Q&A

Question: I live in a homeowners’ association where the association maintains the landscaping on all of the individual lots. Recently, I had a number of plants, including hedges and palm trees die, and I do not know who is responsible to pay for their replacement. Because the association maintains the landscaping, is the association responsible… Continue Reading

Florida Community Associations are Obligated to Provide Financial Reports to Owners

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

Question: At the recent annual meeting for my condominium association the owners were presented with a question asking whether the association should waive the requirement to have an audit of the association financial records conducted. The same question has been asked for the past few years. I looked and our bylaws specifically require an audit… Continue Reading

Becker & Poliakoff Announces Launch Of Proprietary ‘BPBALLOT’ Voting Software For Community Associations

Posted in Elections, Official Records

Law firm becomes first in Florida offering proprietary online voting software to address long-standing challenges for managed communities FORT LAUDERDALE, Fla. – March 22, 2016 – The law firm of Becker & Poliakoff today announced the launch of BPBALLOT, a proprietary, secure online voting software for community associations. As the only law firm in Florida… Continue Reading