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

Tag Archives: board of directors

Can Condo Board Certification Classes be “Closed Meetings”?

Posted in Education, Meetings, Operations, Reader Q&A

Question: Our condominium association recently had a “board certification” class presented to it by the association’s attorney, in our clubhouse. Only board members were invited to attend. My contention is that because there was interaction between board members and ideas were probably developed, the meeting should have been posted and all owners should have been… Continue Reading

Director Can Serve on More Than One Condo Association Board

Posted in Board Eligibility, Reader Q&A

Question: My condominium association is electing new directors. One of the candidates running for the board is currently the president of another association in our development. Can this individual serve on both boards at the same time?  M.P. (via e-mail) Answer: Yes. The Florida Condominium Act specifically provides that any unit owner or “other eligible… Continue Reading

Board Can ‘Cool Down’ An Owner Suggestion For An Improvement To Association Property By Saying No

Posted in Reader Q&A

Question: We have central air conditioning in our entire clubhouse, including the workout room. However, one resident insists that a separate wall air conditioner should be added to the workout room. Does the board have to do this, or is seventy-five percent ownership approval required for a “material alteration”? F.S. (via e-mail)   Answer: If… 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

Condo’s Board of Directors May Remove Officers

Posted in Reader Q&A

Question: In your post entitled “Owner Vote Required To Remove Director; Board Vote Can Remove Officer”,  it is stated that the board has the authority to remove officers. There is a dispute in our condominium association over this issue. We can find nothing in the Florida Condominium Act which addresses this. What is the basis… Continue Reading

HOA Documents Need To Determine Deadline For Acceptance Of Board Candidates

Posted in Board Eligibility, Reader Q&A

Question: We have two openings on our Board. Only two people put in their name by the established deadline. Then, two board members, without board approval, asked the management company to send a “second chance letter”, and the management company refused to get involved. These two directors, again without board authority, sent out a letter… Continue Reading

New Condo Board Members May Need To Practice Patience

Posted in Reader Q&A

Question: I was recently elected to our condominium association board, defeating a long-time incumbent. The “old guard” that is still on the board apparently does not want “new blood” and has tried to keep me out of the loop. For example, I have asked to review various records pertaining to pending matters, along with all… Continue Reading

Recalled HOA Board Member Can Run For Reelection

Posted in Reader Q&A

Question: Under what conditions can a recalled board member of a homeowners’ association run for the board at the next regularly scheduled election? P.C. (via e-mail) Answer: There is nothing that prevents a recalled board member from running for the board at the next regularly scheduled board election. The only criteria that would prevent any… 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

Florida Mobile Home Park Board Members Who Meet Chapter 720 Requirements Need Certification

Posted in Reader Q&A

Question: Does the new law which requires homeowners’ association board members to certify that they have read the governing documents or complete a board education class apply to board members of a homeowners’ association for a mobile home park governed by Chapter 723, Florida Statutes? P.T. (via e-mail) Answer: It depends on whether your “homeowners’… Continue Reading

New Board Members May Need To Practice Patience

Posted in Meetings, Reader Q&A

Question: I was recently elected to our condominium association board, defeating a long-time incumbent. The “old guard” that is still on the board apparently does not want “new blood” and has tried to keep me out of the loop. For example, I have asked to review various records pertaining to pending matters, along with all… Continue Reading

Management Company Contract Extension In Dispute

Posted in Reader Q&A

Question: We have a contract with a management company. It does not come up for renewal until the middle of next year. There is an uncontested election soon, and there will be a new board in place when the contract comes up. The current board recently got together to vote on extending the contract before… Continue Reading

Board Members Have Two Choices In Being Considered An Approved Director By The State

Posted in Education, Reader Q&A

Question: I am a new board member in a small condominium association. We have a management company. Am I required to take an educational course in order to be a director? M.P. (via e-mail) Answer: Section 718.112(2)(d)4.b of the Florida Condominium Act provides that within 90 days after being elected or appointed to the board,… Continue Reading

Pool Smoking Ban in Florida HOAs Considered

Posted in Reader Q&A

Question: Our homeowners’ association wants to ban smoking at the outdoor pool. Our governing documents do not address smoking, but they do give the board rulemaking authority regarding the use of the common areas. Does the board have the authority to institute a rule banning smoking at the outdoor pool given that the Florida Clean… Continue Reading

Few Restrictions On An HOA Board’s Makeup

Posted in Reader Q&A

Question: I own a home in a homeowners’ association with a five member board. Currently there is a vacancy on the board and the board is in the process of appointing someone to fill that vacancy. The board is currently made up of four women and we understand that they intend to appoint a fifth… Continue Reading