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

Tag Archives: Florida

Golf Balls and Windows in Florida HOAs

Posted in Liability

Question:  My home is located near the tee box of the first hole of a local golf course.  Periodically (but very infrequently) an errant golf ball strikes my house.  Two weeks ago a particularly bad golfer sent a golf ball right through my window, causing considerable damage.  I ran out to get their name and… Continue Reading

Florida Condo Board May Have Authority to Approve Changes to Common Areas

Posted in Association Documents, Common Areas, Material Alteration, Voting

Question: Recently, my condominium association installed a bike rack and bench on the property. Following the installation, I questioned the board whether these changes should have been approved by 75% of all unit owners. In response, the board stated that our documents allow the board to spend up to 5% of the association’s budget on… Continue Reading

Automated External Defibrillator Devices (AEDs) In Florida Condominiums

Posted in Liability, Safety and security

Question: My condominium association is considering purchasing an “AED” for our clubhouse. From the conversation at the meeting I understand that this is an emergency medical device to use when someone is having a heart attack. Is it appropriate for associations to purchase and install these types of devices? Wouldn’t it create significant liability for… Continue Reading

Two More Weeks Left in the 2017 Legislative Session; What Bills are Most Likely to Pass?—CALL Alert for April 24, 2017

Posted in advocacy, Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Legislation, Official Records, Operations, Video, Voting, Water Sprinklers

There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that appear to be most likely to pass. Condominium Bills by Sen. Garcia and Rep. Diaz… Continue Reading

Eligibility to Run for Condominium Board Depends on Governing Documents

Posted in Association Documents, Board Eligibility, Governing Documents

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

Can My Condominium Association Remove Palm Trees?

Posted in Association Documents, Common Areas, Governing Documents, Landscaping, Material Alteration

Question: Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings. They claim their roots threaten the sidewalk pavers, but there are low cost solutions to address that concern.  The board also raises a concern regarding the palm fronds touching the roofs, but that is… Continue Reading

Jay Roberts Obtains Court of Appeals Reversal

Posted in Fair Housing Act

Becker & Poliakoff senior attorney Jay Roberts recently scored a win for his condominium association client in a Fair Housing Act (FHA) ruling from the Florida First District Court of Appeal (Harbour Pointe of Perdido Key Condominium Association, Inc. v. James Henkel). The appellate ruling has potentially broad implications for condominium associations. While all design… Continue Reading

Convicted Felons Ineligible for Condo Board Service in Florida

Posted in Board Eligibility, Elections

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

Community Update, Volume 8, 2017

Posted in Community Update

In this Issue: Arbitration Decisions – What are They and Where can I Find Them? helps you locate decisions from the Division of Florida Condominiums, Time Shares and Mobile Homes. But, I marked it “Paid in Full” will help you figure out what a restrictive endorsement on an assessment payment from an owner means to… Continue Reading

Fining Procedures Confound Condominium & Cooperative Boards in Florida

Posted in Association Documents, Governing Documents, Reader Q&A, Rules & Regulations, Suspensions, Fines & Remedies, Uncategorized

Question: Our association tried to fine an owner who violated our rules, but decided the process was too complicated. Can you provide a step-by-step outline of how fines are issued and collected? (M.G. by e-mail) Answer: Fines can be imposed against condominium and cooperative unit owners, occupants, licensees and invitees. The law for homeowners’ associations… Continue Reading

At Your Service: Condo Call-In with Donna DiMaggio Berger of Becker & Poliakoff

Posted in Elections, Fire Sprinklers, Governing Documents, Legislation, Voting, Water Sprinklers

Florida Legislators have filed bills which could give Condo and Homeowner Association boards a double-take. If passed, a volunteer board member could face criminal penalties if Association records are stonewalled, or if there are fraudulent elections. Might residents avoid trouble by choosing to stay off condo boards? Learn more on the Topical Currents “At Your… Continue Reading

Florida HOA Board Must Follow Correct Rule Procedures

Posted in Association Documents, Governing Documents, Rules & Regulations

Question: Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures that must be followed? Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members? (R.L. by e-mail) Answer:… Continue Reading

Becker & Poliakoff Offers Condominium & HOA Classes Throughout Florida

Posted in Education, Events

We are committed to sharing our legal knowledge to help others. We do so by offering State-approved educational resources in various forms, including more than two dozen courses, conferences, panel discussions, personal meetings, and webinars that you can conveniently attend from your office or home. With this many available options, it is easy for your… Continue Reading

Condominium Associations Should List Their Attorney as the Registered Agent

Posted in Fiduciary Duty of Board of Directors, Governing Documents, Liability, Reader Q&A

Question: I am the President of my condominium association.  I just found out that the association was sued by a disgruntled owner.  Unfortunately, I just recently learned that the association has been “defaulted” in the lawsuit because we failed to answer the lawsuit by the deadline.  Apparently the process server served a member of the… Continue Reading

Condo Criminal Penalties Bills, Fire Sprinkler Bill, and Estoppel Bill to be Heard in Committee this Week; New HOA Rental Bill—CALL Alert for March 20, 2017

Posted in CALL Alert, Fire Sprinklers, Legislation, Rental, Water Sprinklers

Condo Criminal Penalties Bills Senator Rene Garcia and Representative Jose Felix “Pepi” Diaz filed SB 1682, Relating to Condominiums, and HB 1237, Relating to Condominiums, respectively, which include board member term limits and criminal penalties against volunteer board members for certain violations, including failure to provide access to official records and fraudulent activities related to… Continue Reading

Does Electronic Voting For Community Associations Really Work? How Do You Implement It?

Posted in Elections, Governing Documents, Meetings, Voting

Question:  I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community?  And does it really work?  A.A. via e-mail Answer: You heard correctly. During the 2015 Legislative Session, a new law was passed authorizing condominiums, cooperatives… Continue Reading

Florida Association Boards Can Adopt Rules for Records Requests

Posted in Association Documents, Governing Documents, Official Records

Question: In a recent column, you said that an owner wanting to inspect association records has to make a written request. Does a request by e-mail satisfy the law? (B.H. by e-mail) Answer: While the Florida Condominium, Cooperative, and Homeowners’ Association Acts all require that owners submit “written” requests to inspect records, there is no… Continue Reading

President Can’t Buck the Association Board in Florida HOAs

Posted in Association Documents, Elections, Governing Documents, Meetings

Question: I am one of five directors on my homeowners’ association’s board. After this year’s annual meeting, we elected new officers. The person voted in as president says that he can make any decision he chooses, and does not need a vote from the board. For example, he has said that he can terminate our… Continue Reading

Florida HOA Boards May Appoint an “Election Committee”

Posted in Elections, Voting

Question: Every year our homeowners’ association’s board appoints an “election committee.” The committee makes sure that the meeting notices are sent out, and otherwise runs the election, including counting the ballots. This year, the chairperson of the committee announced immediately before the final self-nomination deadline that he intended to run for the board, and resigned… Continue Reading

Condominium Board Cannot Wink at House Cats

Posted in Association Documents, Housing for Older Persons (55 and Over), Pets, Rules & Regulations

Question: Our association has a “no pet” policy, going back to the developer’s original bylaws. The board has generally enforced it, but has let a few elderly owners keep “indoor cats,” since they really do not bother anyone. My neighbor recently purchased a large dog which barks constantly, keeping me awake at night. I filed… Continue Reading

New Florida Condo Bill Filed by Senator Garcia Includes Criminal Penalties

Posted in Assessment Collection, Association Documents, Budgets, Reserves & Financial, CALL Alert, Elections, Official Records, Voting

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