HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration. When a bill is sent to the Governor, he has fifteen (15) days to act. He can either sign the bill into law, veto it, or allow it… Continue Reading
Question: One of our homeowners’ association board members is not a home owner. Our bylaws state that each owner of a lot within the community is a “Member” of the association. The bylaws then provide that the board shall consist of not less than three and not more than nine “members.” I understand that the… Continue Reading
Question: I read your column dated September 1, 2013 entitled Changes Affect Existing HOAs, In that column, you stated that “substantive” changes would not be applied retroactively, but that certain “procedural” changes could be applied retroactively, My question is whether the new provision which states that members have the right to elect a board member… Continue Reading
Question: Can you clarify the law regarding board members having to turn in association records after going off the board? I am being asked by our property manager and president to turn in any association paperwork in my possession. I am getting off the board after several years. R.I. (via e-mail) Answer: The statutes applicable… Continue Reading
Question: The president of our association wanted a certain person on the board removed from office. He knew that he could not remove the person as a director (and that a majority of the owners would have to approve removal), but he decided to remove this individual’s title as an officer. The president called enough… Continue Reading
Question: The vice president of our board owns a construction company, which contracts with the HOA. Also, our board holds a monthly meeting where homeowners can attend and ask questions. However, after everyone leaves, the board conducts its actual business meeting. Doesn’t this violate the Sunshine Law? How do I file a complaint? W.D. (via… Continue Reading
Prior to the 2011 Legislative Session, HOA members, unlike their condominium counterparts, were not legally entitled to speak at board meetings, with a limited exception for meetings called under a somewhat complicated member petition process.