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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

Florida HOA Boards Must Be Consistent with Architectural Guidelines

Posted in Association Documents, Reader Q&A

Question: The board of directors of our homeowners’ association is totally arbitrary in their application of the architectural rules in our community. For example, they approve applications for some owners, but when another owner applies for the exact same alteration, they are denied. My question is whether the board must be fair and equitable in… Continue Reading

Condominium Associations May Prohibit Campaign Posters in Common Areas

Posted in Covenant Enforcement/Violations, Elections, Reader Q&A, Rules & Regulations

Question: I am a candidate for the board of my condominium association. I made some campaign posters which I posted in the community center to announce my candidacy and to introduce myself to the owners. The association told me that I had to remove the posters. As a candidate for the board of my condominium… Continue Reading

Do Budget Workshops Fall Under Sunshine Law?

Posted in Budgets, Reserves & Financial, Meetings, Operations, Reader Q&A

Question: I live in a homeowners’ association. The board of directors has historically held a budget workshop with only the chief financial officer of the management company and two of the five directors present. The association is governed by a five member board, so that board argues that because a quorum is not present, they… Continue Reading

Condominium Board Candidate “Forty Day Deadline” Can’t Be Waived or Extended

Posted in Board Eligibility, Elections, Reader Q&A

Question: I live in a condominium association and recently submitted my intent to be a candidate for the board for the upcoming election. Following receipt of my notice the association advised because I missed the “forty day deadline,” my name would not be included on the ballot. I did miss the deadline, but I feel… 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

Is Board Certification Really Necessary for Board Members in Florida?

Posted in Board Eligibility, Education, Reader Q&A

Question: I read your blog on “board certification” in condominiums and have suggested to our president that all board members take such a course. I received no reply. I sent a document production request via certified mail and received as proof the “notice of intent to become a candidate” forms with the required State certification… 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

Are Informal Workshops Subject to Sunshine Laws in Florida?

Posted in Meetings, Operations, Reader Q&A

Question: If the board of directors of a homeowners’ association is meeting to just discuss routine operational or housekeeping issues, such as landscaping issues or minor repairs, must this meeting be noticed and open to the members? J.C. (via e-mail) Answer: Yes. The Homeowners’ Association Act, Chapter 720 of the Florida Statutes, provides in Section… Continue Reading

Can a Florida HOA Fining Committee Be Anonymous?

Posted in Covenant Enforcement/Violations, Reader Q&A, Suspensions, Fines & Remedies

Question: We live in a small homeowners’ association and everyone knows everyone else. Is it possible for the association to impose fines but have the members of the fining committee remain anonymous? J.P. (via e-mail) Answer: No. Both the Homeowners’ Association Act, Chapter 720, and the Florida Condominium Act, Chapter 718, lay out the process… Continue Reading

Board “Certification” Required By Florida Law

Posted in Board Eligibility, Reader Q&A

Question: I am on the board of my association and recently attended a board certification class where the requirement that board members be “certified” was discussed. The other members on my board question this requirement. Can you please explain?  E.O. (via e-mail) Answer: Over the past several years, all of Florida’s community association statutes have… Continue Reading