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

Tag Archives: association

Florida HOA Board Must Follow Correct Rule Procedures

Posted in Association Documents, Governing Documents, Rules & Regulations

Question: Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures that must be followed? Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members? (R.L. by e-mail) Answer:… Continue Reading

Does Electronic Voting For Community Associations Really Work? How Do You Implement It?

Posted in Elections, Governing Documents, Meetings, Voting

Question:  I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community?  And does it really work?  A.A. via e-mail Answer: You heard correctly. During the 2015 Legislative Session, a new law was passed authorizing condominiums, cooperatives… Continue Reading

New Florida Condo Bill Filed by Senator Garcia Includes Criminal Penalties

Posted in Assessment Collection, Association Documents, Budgets, Reserves & Financial, CALL Alert, Elections, Official Records, Voting

Last month, the State Attorney for Miami-Dade County released a Grand Jury Report titled “Addressing Condo Owners’ Pleas for Help:  Recommendations for Legislative Action”.  You can read the Miami-Herald Article about the Grand Jury Report here. Today, Senator Rene Garcia filed SB 1682, Relating to Condominiums, which incorporates some of the recommendations of the Grand… Continue Reading

Vote for Becker & Poliakoff in this Year’s FLCAJ Readers’ Choice Award

Posted in Voting

Becker & Poliakoff would like to thank FLCAJ Readers for our nomination in this year’s Readers’ Choice Awards. We have been serving Florida’s communities in Condominium and Homeowners Association, Real Estate, Business Litigation and Construction law for more than 40 years. These milestone achievements and accomplishments would not exist without the support and relationship from… Continue Reading

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

Community Update 2016, Volume 05 is Now Online

Posted in CALL Alert, Community Update, Legislation

Summer is in full swing with record temperatures and lots of beach time greeting us every day. We cannot however forget that changes affecting many communities took effect July 1st. In this issue: We provide our annual recap of community association happenings at the legislative level. This includes: SB 184 concerning rentals to Service Members… 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

Association Rules Specifying Children Can Spell Trouble!

Posted in Common Areas, Safety and security

This post originally appeared in The Community Association Law Blog. Once upon a time, community associations passed rules which all but shouted that children were a nuisance.  Rules were routinely passed which clarified that little Tommy and Tina couldn’t use the pool, clubhouse, exercise room or other amenities without Mom and Dad in tow or… Continue Reading

Can your Board of Directors Ban Guns in Your Community? – Part II

Posted in Rules & Regulations, Safety and security

This post originally appeared in The Community Association Law Blog. In Part I of my blog post on guns in community associations, we discussed the fact that the U.S. Supreme Court ruling in the case of District of Columbia v. Heller, 554 U.S. 570 (2008) categorized gun ownership inside a home as a fundamental right… 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

Consumption of Alcohol at Events Can Pose Risks for Associations

Posted in Insurance, Liability, Operations, Reader Q&A

Question: Our association permits the consumption of alcoholic beverages at certain events. What is our liability? T.S. (via e-mail)   Answer: That is a good question, there is no clear guidance in either statutory law or appellate case law. Generally speaking, under what is often called Florida’s Dram Shop Act (Section 768.125 of the Florida… Continue Reading

Seller Responsible For Disclosing Information To Purchaser

Posted in Reader Q&A

Question: What information must be disclosed to the buyer of a condominium unit about reserves or pending assessments? Who is required to make this disclosure, the realtor, the association or the seller? R.W. (via e-mail) Answer: Typically, a condominium association is not responsible to make any specific disclosures to a proposed purchaser of a condominium… Continue Reading

Bylaws Change On Board Terms

Posted in Reader Q&A

Question: We have an election upcoming. Our bylaws have just been changed to two-year staggered terms for board members. Our question is whether all five current board members have to run for re-election, or whether some will be allowed to continue on without re-running. D.C. (via e-mail) Answer: If your association has not heretofore been… Continue Reading

Associations Can Run Afoul of Copyright Protections

Posted in Reader Q&A

Question: I recently read one of your articles online concerning showing movies in the association’s clubhouse. In your article, you stated that the association’s “Movie Friday” could create legal problems. I am our association’s activities liaison and have been looking into the issue for our community. Why couldn’t our community be considered a “family” and… Continue Reading

ADA Pool Rules May Apply to Short-Term Stays

Posted in Reader Q&A

If an association has a pool or spa and is subject to the ADA, either because it is open to the public or because the association allows short term stays and operates with the characteristics of a place of public accommodation, the pool and spa must be made accessible pursuant to the ADA and the 2010 Standards on or before the deadline of January 31, 2013 to the extent that it is “readily achievable” to do so.