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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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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

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