Q: Can hurricane shutters remain closed when a home is unoccupied throughout the summer, even when there is not an active threat of a storm? (D.F., via e-mail)
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Hurricane Shutter Policies Raise Questions
By Joseph Adams
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By Joseph Adams
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Is Your HOA Gate Opening to Increased Liability?
By Sara K. Wilson
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When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance …
Designation of Primary Occupant
By Maritrini Soto Garcia
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Many condominium governing documents require new residents to go through a screening process. Section 718.104(5) of the Florida Condominium Act provides that “[t]he declaration as originally recorded or as amended under the procedures provided therein may include covenants and restrictions concerning the use, occupancy, and transfer of the units permitted by law with reference …
Governor Signs COVID-19 Immunity Bill
By Joseph Adams
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Most readers of this column know that each year, over the summer, we typically review the year’s legislative applicable to community associations. While I will do so, and there is some significant legislation that appears poised to pass, a recently enacted law dealing with COVID-19 liability is worthy of discussion now.
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Community Association Q&A: Are Videos Official Records?
By David G. Muller
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Q: My condominium association has installed several security cameras in the common areas, including the pool area. There was an incident between myself and another owner last week at the pool and I requested a copy of the security camera video footage. I submitted my request to the manager in writing, but the manager …
HOA Election Procedures Explained
By Joseph Adams
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Q: What is the accepted practice that my homeowners’ association should follow for opening and counting secret ballots used to elect the board? (J.D., via e-mail)
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Board Workshop Meeting Subject to Sunshine Rule
By Joseph Adams
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Q: What are the requirements for a condominium association board to hold a “workshop” meeting? Is the association still required to post notice if there is a quorum of the directors present? What if there is not a quorum present? Are minutes required? (M.M., via e-mail)
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Homeowner Association Confusion & Frequently Asked Questions
By Lilliana Farinas-Sabogal
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Although the term community association encompasses different types of community associations, in Florida, the two predominant forms of community associations are homeowners associations and condominium associations. There are vast differences but also numerous similarities between the two. Unfortunately, this can cause confusion when owners, directors, and/or managers assume the two are the same. Simply …
Condominium Association Elections – The Who, What, When, & Where
By Karyan San Martano
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Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your election. Generally, these requirements are contained in the association’s By-Laws. With this in mind, …
Delinquent Owners Can’t Serve on Board
By Joseph Adams
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Q: Our condominium association’s bylaws provide that for an owner to be qualified to serve on the board, he or she cannot be delinquent more than 30 days. Our manager says the state statute says 90 days and supersedes our bylaws. Do our bylaws or the statute control? (R.G., via e-mail)
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