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Tag Archives Florida

Delinquent Owners not Eligible for the Board of Directors in Florida Condominiums & HOAs

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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 …

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Donna DiMaggio Berger Interview on WLRN Topical Currents Segment: Landmark Association Laws

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Condo and association law shareholder Donna DiMaggio Berger was the featured guest on WLRN 91.3FM’s Topical Currents “At Your Service” edition on Wednesday, June 7. Donna discussed what board members, managers and residents need to know about landmark association …

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Summary of Bill HB 653, Impacting Condominiums, Cooperatives, and Homeowners’ Associations

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HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration.  When a bill is sent to the Governor, he has fifteen (15) days …

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Can the Association Board Fill a Vacancy Without an Election?

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Question: Recently, one of the members of our board of directors resigned from the board and sold their unit. When he announced his resignation, I expected the association to schedule an election to fill the vacancy. However, at …

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Community Association Board Members Can be Considered Limited Purpose Public Figures in Defamation Cases

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There is a growing body of case law around the country which would make it more difficult for an allegedly defamed community association board member to successfully pursue his or her day in court. Is a community association board member …

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Changing Governing Documents Generally Requires Homeowner Approval

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Question: My homeowners’ association is about twelve years old and we are considering doing a complete rewrite of our governing documents. Some members of the board have stated that we cannot replace our governing documents, but only amend …

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Golf Balls and Windows in Florida HOAs

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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 …

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Officers are Elected or Removed by the Board of Directors in Florida Condominiums

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Question: I am the president of my condominium association and I have decided that we should fire our secretary. Do I have the authority to fire the secretary or is this something that should be voted on by …

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

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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 …

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Automated External Defibrillator Devices (AEDs) In Florida Condominiums

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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 …

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