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

Tag Archives: homeowners association

Florida HOA Act Allows Owners to Speak for at Least 3 Minutes at Annual Meetings

Posted in Meetings, Operations, Reader Q&A

Question: I recently attended our annual homeowners’ association members meeting. We were asked to vote on several proposed amendments to the declaration of covenants. The changes were substantial and I had a number of comments I wanted to make at the meeting. However, when I was given an opportunity to speak, I was told that… Continue Reading

Ballots are Official Records and May be Inspected by Condominium Owners

Posted in Elections, Official Records, Reader Q&A

Question: At our recent annual meeting there was a very contentious vote on whether the association should update the clubhouse. The vote failed. Now certain owners who were in support of the project have requested to inspect the proxies. These documents show how every owner voted. Are other owners allowed to see this information?  It… Continue Reading

Can a Florida HOA Ban Political Yard Signs?

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

Question: With the presidential elections on the horizon, our homeowners’ association board has been discussing political signs in yards. There are two members of the board that want to ban all political signs, while the other members of the board think that such a ban would be a violation of the owner’s First Amendment rights…. 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

Association Regulations Can Lose Their Teeth If Not Enforced

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

Question: Our homeowners’ association board and management company do not enforce the restrictions contained in our governing documents. While the association occasionally sends out a letter to an owner advising them of a violation, there is no fining committee and to my knowledge the association has never filed any legal action to enforce our documents…. Continue Reading

Is There A Limitation On The Use of Drones In Community Associations?

Posted in Common Areas, Reader Q&A, Safety and security

Question: The issue of remote-controlled “drones” was recently brought up at our homeowners’ association meeting. There was concern by certain residents that people might start using drones within the community. Are there limitations on the ability of the people to use drones within a community? R.W. (via e-mail) Answer: The issue of drones or other… Continue Reading

Does a Florida Association Have To Have A Website For Owners?

Posted in Fiduciary Duty of Board of Directors, Official Records, Operations, Reader Q&A

Question: What information is required to be on a homeowners’ association website? My association maintains a website, but it only contains minimal information. I cannot find the minutes of board meetings, copies of contracts, or insurance policies. If the association is not required to post this information on the website and I have to submit… Continue Reading

Documents Govern Landscaping Responsibilities in Florida HOAs

Posted in Reader Q&A

Question: The “Architectural Review Committee” in my homeowners association is now charging individual “villa” owners for work done on the HOA common area. The work includes planting and tree removal. New homeowners have been billed by the association, at the direction of the Board, for this work (performed and billed by the landscaper) with the… Continue Reading

What Rights do Homeowners in HOAs Have to Inspect Official Records?

Posted in Official Records, Operations, Reader Q&A

Question: I recently asked the property manager for my homeowners’ association whether my next door neighbor applied for approval of an expanded landscaping area, including a new garden area. I was told by the manager that I am not entitled to this information and/or documentation as it is confidential. Is this correct?  E.T. (via e-mail)… Continue Reading

Can A Homeowners’ Association Be Terminated?

Posted in Reader Q&A

Question: I live in a small homeowners’ association which does not have any amenities or common areas such as a community pool or park. The association only maintains a small landscaped area at the entrance of our community and each owner maintains their lot and home. It seems like a waste of time and money… Continue Reading

Can HOA Prevent Flag Pole In My Yard?

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

Question: I live in a community governed by a homeowners’ association and recently asked permission to install a permanent flag pole on my lot. My homeowners’ association denied the request and stated that the documents only permitted the use of portable and removable flags and only allowed the display of the flag on specific dates…. Continue Reading

Town Hall Meetings Can Trigger Sunshine Law

Posted in Meetings, Operations, Reader Q&A

Question: Our community holds monthly “informational” meetings, held right before the board’s regular meeting. All members are encouraged to attend, and the manager is there as well. Board members do not “run” the meeting, but participate in the audience like everyone else. One of our owners wants to videotape these meetings, and some people object…. Continue Reading

HOA Interfund Reserve Transfers Usually Board Prerogative

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

Question: Can the board of a homeowners’ association move monies from one reserve account to another, or for operating purposes, without membership approval? D.D. (via e-mail) Answer: Section 720.303(6)(h) of the Florida Homeowners’ Association Act states that “statutory” reserve funds (this is the industry accepted legal “slang” term and not a term used in the… Continue Reading

HOA Management Contracts Should Spell Out Extra Fees In Detail

Posted in Reader Q&A

Question: Our homeowners’ association recently signed a new contract with a management company. The contract discusses a number of fees that the management company will charge the association in connection with handling certain owner-related tasks such as collections and records inspection. Are these charges permissible? E.M. (via e-mail)   Answer: There are two issues to… Continue Reading

Regulating Vicious Breeds Of Pets Not Uncommon in HOAs

Posted in Covenant Enforcement/Violations, Reader Q&A, Rules & Regulations, Service Animals/Emotional Support Animals

Question: I am a tenant in a community with a homeowners’ association. The association’s recorded documents say that each home may have no more than two dogs. There are no additional restrictions on size or breed of the two dogs found in the recorded documents. However, the lease application I was asked to complete asks… Continue Reading

Support and Service Animals Present Thorny Legal Issues for Condominiums

Posted in Covenant Enforcement/Violations, Discrimination/Fair Housing, Reader Q&A, Rules & Regulations, Service Animals/Emotional Support Animals

Question: Our condominium building has two guest suites that can be rented by an owner for use by the owner’s overnight guests. Our declaration limits pets to 35 pounds in owners’ units and prohibits animals in the guest suites. We recently had a situation where a guest wanted to bring an emotional support animal into… Continue Reading

Handicap Parking Space Requirements Subject to a Variety of Laws

Posted in Disability, Discrimination/Fair Housing, Reader Q&A, Reasonable Accommodations or Modifications

Question: How many handicapped parking spaces is our community required to have, where must they be placed and what local, state or federal law governs? J.B. (via e-mail) Answer: The requirements for handicapped parking spaces in any community can vary greatly depending on the age of the community, the type of community, the number of… Continue Reading