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By Joseph Adams
Posted on 
Q: I live in a gated homeowners’ association. Roots from a tree planted on the common area has damaged my driveway. Who is responsible for the repair? (J.K., via e-mail)
A:Probably you.
There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage …
By Joseph Adams
Posted on 
Q: If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue? Can another board member submit their written vote at the board meeting? (J.T., via e-mail)
A: No. Section 720.303(2)(c)3 of the Florida Homeowners’ Association Act specifically …
By Joseph Adams
Posted on 
Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before the election. At the annual meeting, the remaining four members of the board were re-elected. …
By Donna DiMaggio Berger
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In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.
The genesis for these association website suits may lie with the holding in the recent Domino’s Pizza v. Robles case. That case was originally brought by a …
By Joseph Adams
Posted on 
Q: The board of my homeowners’ association has decided to meet only quarterly. Is this legal? I thought that by law the Board needed to meet ten times per year. (S.B., via e-mail)
A: Section 720.303(2) (a) of the Florida Homeowner’s Association Act states that a meeting of the board occurs “whenever a quorum …
By David G. Muller
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Q: My condominium association recently held its annual meeting and the election was quite close. Only one vote separated the candidates for the last open director position. The candidate that lost the election by one vote requested to review all the election materials, including the ballots. He determined that three election ballots, all with votes cast …
By Kathleen O. Berkey, Esq., AICP
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Have you or your community association been faced with code enforcement violations related to sea turtle lighting? Even the best intentioned can be faced with such an issue in a coastal community.
Kathleen O. Berkey, B.C.S., AICP, a Becker land use and community association attorney and certified land planner who is a Board Certified Specialist in …
By Joseph Adams
Posted on 
Q: Could you please tell me when the State passed legislation to require HOA’s to record its rules and regulations? (T.D., via e-mail)
A: As of July 1, 2018, homeowners’ associations are required to record amendments to their rules and regulations.
The recording requirement is the result of an amendment made to the Section 720.306(1)(e) of …
By Joseph Adams
Posted on 
Q: I have a question in regards to condominium board member term of office and elections. Due to the new law that started in 2018, do the board members automatically stay on the board if they choose to for up to eight years, or do they have to send their intentions to run again after 2 …
By Kathleen O. Berkey, Esq., AICP
Posted on 
The Florida Fish and Wildlife Conservation Commission (FWC) and coastal local governments regulate what lighting is permitted to avoid and minimize the impacts to sea turtles, but why is artificial coastal lighting a problem? In the southeastern United States, sea turtle hatchlings begin to hatch throughout the months of June through October, most often at night …
Becker, with headquarters in Fort Lauderdale, FL., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast.
