Question: My condominium association imposed a $500 fine against me in 2016 for an alleged violation of the parking restrictions. I never paid the fine because I disputed their allegation and because the board selectively enforces the parking restrictions. When I received the notice for the 2017 annual meeting and election I submitted my intent… Continue Reading
Question: I live in a homeowners’ association and recently submitted my intent to run for the board. However, my name was not included on the ballot that was mailed out to all of the owners. When I asked the association about it, the association said I was not eligible because I had an unpaid $100.00… Continue Reading
Question: The wife of an owner (only the husband is on the deed) is running for the Board of our condominium association. Is she eligible to run for the Board? I thought you had to be an owner under Florida Law to serve on a condominium association Board? D.A. via e-mail Answer: Florida law does… Continue Reading
Question: My condominium association’s annual meeting is next month. Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations. While he was apparently never convicted, a lifetime ban from the securities industry was imposed against him and he was… Continue Reading
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
Hopefully, most of us enter into relationships with the expectation that they will last. However, for those of us past adolescence, we realize that even long-term relationships can end and, even when they were good for a long time, the manner in which they do can overshadow everything that preceded that ending. In the next… Continue Reading
Question: The bylaws of our condominium association specify that the board of Directors shall be comprised of not less than five nor more than seven members. Six members filed their applications for candidacy by the required deadline (40 days before the annual meeting). One of the members subsequently sent an email requesting that their application… Continue Reading
Question: I own the company that provides landscaping services to the community where I live. The association recently sent out a notice soliciting self-nominations for the board of directors. I submitted my nomination, but the board has indicated that I am not eligible to run given the current contract between the association and my landscape… Continue Reading
Question: Can a board member also be a member of a committee, such as the fining committee or the landscape committee? (L.D. by e-mail) Answer: Yes and no. Generally, a board member can also be a committee member. However, there are exceptions. Section 718.103(7) of the Florida Condominium Act defines committee as “a group of… Continue Reading
Question: I live in a homeowners association and have e-mailed our board president a number of times concerning items that I feel should be discussed by our board. While the president has politely acknowledged my e-mails, none of my suggested topics have been brought up. Does the board at least have to consider my issues?… Continue Reading
Question: When a board adopts a motion or resolution, is a subsequent board bound by the vote if it does not agree? Can a subsequent board change or rescind a policy adopted by a previous board? (G.S. via e-mail) Answer: Though directors may come and go, board policies, resolutions, or votes, if properly adopted, stay… Continue Reading
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
Before agreeing to serve on your community association’s Board of Directors, please do yourself and everyone else a favor and run through these five questions first. 1. Do I have time to serve on the Board? Running and being elected to your community’s board of directors can be an exciting experience as it is an… Continue Reading
A board member may only be removed by a vote of the owners pursuant to the recall provisions of the Florida Condominium Act. The board of directors does have the authority to remove a director from an officer position.
The Florida Condominium Act does say that if there are only as many (or fewer) pre-qualified candidates as there are open board seats, no election is required.
Would be a conflict of interest for a director to serve on both an association and master association board at the same time?