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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

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

Can Condominium Association Employees Attend Closed Board Meetings?

Posted in Meetings, Reader Q&A

Question: The board of our condominium association recently held an “executive session” to discuss a “personnel matter.”  The “recording secretary”, who is an employee of the association, was present to take notes. Two of the directors objected to an employee being present and were advised that Florida Statute 718 allows for the recording secretary to… 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

Governing Documents Determine How Parking Spaces Are Defined

Posted in Common Areas

Question: The association in my condominium is trying to reassign all the parking spaces, which were originally assinged by the developer in 1969. I have a two bedroom unit and ever since I moved 15 years ago, I’ve had two parking spaces, just like almost every other two bedroom units. Recently, a member of the… Continue Reading

Condo Boards Can Prohibit Remote Attendance At Board Meetings By Unit Owners

Posted in Meetings, Operations, Reader Q&A

Question: Our condominium board has decided that they will no longer allow unit owners to attend board meetings “remotely” via telephone conference. Rather, the board has now ruled that only board members may participate via telephone conference. Is it legal for the board to prohibit unit owners from attending a board meeting “remotely?” R.P. (via… Continue Reading

Voluntary and Mandatory HOAs Differ In Many Ways

Posted in Board Eligibility, Reader Q&A

Question: I am the president of a voluntary homeowners’ association and wanted to know if the members of the Board of Directors of our voluntary homeowners’ association have to comply with the new Board Member certification requirement in Chapter 720, Florida Statutes? R.G. (via e-mail) Answer: No. Chapter 720 of the Florida Statutes, often informally… Continue Reading

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