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By Kathleen O. Berkey, AICP
Posted on 
Governor Extends COVID-19 State of Emergency by 60 Days – Opportunities to Extend Certain Permits May Be Available to Associations
Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are eligible for an extension once certain States of Emergency are declared for the length of time the declaration …
By Joseph Adams
Posted on 
Q: There is an ongoing dispute in my homeowners’ association concerning the installation of clotheslines that we are hoping you can resolve. Some owners have stated that they are entitled to install clotheslines on their lots without regulation by the association. The board of directors has stated that while clotheslines may be installed, …
By Joseph Adams
Posted on 
Q: Does Florida do unannounced audits of condominium or homeowners’ associations to see if they are conforming to the relevant statutes? For example, some of our board members don’t want bids for a contract even though it is required by statute. As President, the argument I got from some board members was: “who’s …
By Lilliana Farinas-Sabogal
Posted on 
Debido a la reciente pandemia del Covid-19, las asociaciones han tenido que modificar los protocolos de reuniones al vuelo. Más allá de los requerimientos de distanciamiento social, de la preocupación de los miembros y de las juntas con respecto a la propagación de la enfermedad, así como las ordenanzas que prohíben grupos de más …
By Jay Roberts
Posted on 
The answer to the question of whether all board meetings must be properly noticed to the members is YES. Even the emergency powers section of the community association statutes require notice to be given as is practicable.
What about “closed board meetings?” The answer remains YES. As you are likely aware, there …
By Kathleen O. Berkey, AICP
Posted on 
Between kids at play, exterior maintenance projects, pedestrians, and cyclists, your association could be seriously impacted by speeders. As a follow up to Jennifer Horan, Esquire’s article “Slow Your Roll: How to Address Speeding Issues in your Association,” published on October 28, 2019, can or should your association install traffic …
By David G. Muller
Posted on 
Q: My new condominium will soon be turning over from the developer. I am a unit owner and have been selected to serve on the transition committee, which has been primarily tasked with determining whether the developer has any obligation to make building repairs, etc. What are some things the transition committee should …
By Joseph Adams
Posted on 
Q: Lee County has information for homeowners’ association leaders. Professional property managers and residential community associations can now take steps to protect their communities in the event of a hurricane or other declared major disaster in Lee County.
FEMA regulations require that private or gated communities have …
By Joseph Adams
Posted on 
Q: Because of COVID-19, our homeowners’ association has prohibited guest use of our pool and fitness center. This has precluded third-party led fitness classes, even if the classes are offered outdoors. Instead, the association is allowing member-led fitness classes outdoors, like aqua aerobics and yoga, on the common areas. Is it permissible to …
By Joseph Adams
Posted on 
Q: My condominium association has the digital key-code to my unit but is still insisting on having a physical key. Is the law specific on how I have granted them access to my unit? (D.L., via e-mail)
A: Section 718.111(5)(a) of the Florida Condominium Act provides that the association has …
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