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

Category Archives: Fiduciary Duty of Board of Directors

Subscribe to Fiduciary Duty of Board of Directors RSS Feed

Two More Weeks Left in the 2017 Legislative Session; What Bills are Most Likely to Pass?—CALL Alert for April 24, 2017

Posted in advocacy, Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Legislation, Official Records, Operations, Video, Voting, Water Sprinklers

There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that appear to be most likely to pass. Condominium Bills by Sen. Garcia and Rep. Diaz… Continue Reading

Condominium Associations Should List Their Attorney as the Registered Agent

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

Question: I am the President of my condominium association.  I just found out that the association was sued by a disgruntled owner.  Unfortunately, I just recently learned that the association has been “defaulted” in the lawsuit because we failed to answer the lawsuit by the deadline.  Apparently the process server served a member of the… Continue Reading

HOA Board Members Should be Wary about Contracting with Their Association

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Landscaping, Service Contracts

Question: I own the company that provides landscaping services to the community where I live. The association recently sent out a notice soliciting self-nominations for the board of directors. I submitted my nomination, but the board has indicated that I am not eligible to run given the current contract between the association and my landscape… Continue Reading

Investment of Condominium Association Funds Warrants Caution

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors

Question: I am a member of my condominium association’s board of directors. Recently, we were discussing how the association’s reserve funds should be invested. Historically, we have kept the association reserve funds in savings accounts and CDs, which are fully insured. However, the returns on these accounts have been minimal. Certain members of the association… Continue Reading

HOA Reserve Accounts: What Are You Missing?

Posted in Budgets, Reserves & Financial, Common Areas, Fiduciary Duty of Board of Directors, Operations, Uncategorized

Maintenance, repair and upgrade of the common areas of a community can be costly, and reserve accounts can be a great planning tool for large projects. In 2007, Section 720.303(6) of the Florida Statutes was added to the Florida HOA Act establishing procedures and rules related to reserves if a) they were originally established by… Continue Reading

Does A Florida Condominium Board Have To Answer Owner Letters?

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

Question: I live in a condominium association and serve on the board. Our property manager recently received a letter from an owner with a list of over twenty questions concerning the operations of the association. The letter was sent via certified mail. Are we required to answer these numerous questions?  It will take us hours… 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

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

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

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

Should your condo or HOA have an Automatic External Defibrillator?

Posted in Fiduciary Duty of Board of Directors, Liability, Operations

The American Heart Association encourages the purchase and availability of automatic external defibrillators (AED) and many community associations have already purchased this life safety equipment for on-site use.  These machines have become commonplace in airports, hotels, supermarkets and shopping centers throughout the country. You may wonder if there is any downside to having this machine available in… Continue Reading

Condo Boards’ Access to Unit Limited by Court Decisions

Posted in Case Law & Court Rulings, Fiduciary Duty of Board of Directors

Two recent cases decided by Florida’s Fourth District Court of Appeal impose conditions on access to individual units by condominium association boards.  The statute provides the association with the irrevocable right of access.  Section 718.111(5), Florida Statutes says:   RIGHT OF ACCESS TO UNITS.  The association has the irrevocable right of access to each unit… Continue Reading

Association Board Members Should Keep Meeting Minutes

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

Question:   In our condominium association, prior to our board meetings, we post notice of an “agenda meeting.”  The purpose of this meeting is to plan the agenda for an upcoming board meeting, notice of which is then timely posted. Notice of the agenda meeting is posted and the meeting is open to owners to attend…. Continue Reading

Parking Regulations Are To Be Respected, Even By Association Directors

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

Question: Our condominium association has limited parking. The president of our association has been allowing a friend of his who lives near the condominium to park his truck in a guest space for extended periods of time. When asked, the president claims that the friend is his “guest” and that he is doing nothing wrong…. Continue Reading

Condos & HOAs can save money by conserving water

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Operations

The legislature is concerned about the quality of water delivered to end users in this state. While water rates have increased (in some cases significantly) over the past few years, apparently those increases do not translate to better water quality. The bill is designed to create additional water standards and allow customers to petition to… Continue Reading

Condo Owner Awarded $890,000 in Lawsuit Against Association

Posted in Fiduciary Duty of Board of Directors, Liability

Everyone is rightfully concerned about liability these days.  The Trayvon Martin tragedy turned into a lawsuit against the association.  When a car crashed into a boy riding a bicycle, the association was held liable for several millions of dollars.  A jury awarded $20 million in damages to a woman who sued after she was raped in her… Continue Reading

Broward Condos & HOAs subject to new screening regulations

Posted in Discrimination/Fair Housing, Fiduciary Duty of Board of Directors

    On September 10, Broward County Commissioners adopted changes to the local Human Rights Ordinance after hearing testimony of community leaders largely united in opposition thereto.  BrowardCounty’s Human Rights Ordinance already prohibited discrimination in housing and employment practices.  It already included protections beyond the Florida Statutes and Federal Law.  For example, the Ordinance prohibits… Continue Reading

Proposed opinion defining actions considered UPL for CAMs leaves unanswered questions

Posted in Fiduciary Duty of Board of Directors, Operations

The Constitution of the State of Florida gives  the Supreme Court of Florida the power to regulate attorney conduct. The Supreme Court of Florida also has power to prevent actions by individuals who are not licensed to practice law in Florida.  UPL, or the unlicensed practice of law, is a crime in Florida. Defining what constitutes… Continue Reading

Condo & HOA Common Expenses: Can the board spend your money for that?

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors

Last year we featured an article in our Community Update publication explaining how to evaluate whether certain expenses are appropriate in community associations. The term “expenses” is probably defined in your Condo/HOA documents and it is likely that that definition encompasses expenses that seem to go beyond the strict statutory definitions. Section 718.115, Florida Statutes… Continue Reading

Potential Conflict of Interest Does Not Automatically Disqualify a Board Candidate

Posted in Construction Issues & Contractual Disputes, Fiduciary Duty of Board of Directors, Operations, Reader Q&A

Question:  In our upcoming association election, one of the board candidates is related to the owners of a company which does business in our condominium, through a substantial contract which was subject to competitive bidding. Does this disqualify the individual from running for the board?  A.I. (via e-mail) Answer:  No. The Florida Condominium Act sets… Continue Reading