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By David G. Muller
Posted on 
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 David G. Muller
Posted on 
For the most part, voting in a condominium election is supposed to be by secret ballot but many times owners sign their ballots. Does this invalidate the ballot? No, it does not. This issue was addressed in the arbitration case of Alvarez v. Club Atlantis Condominium Association, Inc. In this case an association rejected …
By David G. Muller
Posted on 
Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been “recalled” (removed by a member vote) can run again for the board. …
By David G. Muller
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Sometimes spouses both take an active part in how their community functions. There is no prohibition on them serving on committees, but can they both serve on the board? They can, but only under certain circumstances. The first is if the condominium has less than 10 units. If that is the case, then regardless …
By David G. Muller
Posted on 
Q: The manager of my condominium association sent out the first notice of annual meeting and election late. Instead of sending out the first notice 60 days in advance of the annual meeting he sent the first notice out 55 days before. When I raised my concern he said there likely won’t be enough candidates …
By David G. Muller
Posted on 
Last month, our CUP touched on the fact that in the City of Miami Beach, illegal rentals might mean jail time. The problem, however, is not limited to beach front condominiums. Many single family home and townhome communities are facing similar issues. These homeowner associations, struggling with short term rental issues, want rental policies …
By David G. Muller
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Q: How much can a condominium association charge to review and approve a lease application received from a proposed annual renter? Can the same fee be charged for a seasonal renter? G.F.
By David G. Muller
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Q: My condominium association’s board is comprised of 8 board members, with directors serving 2-year terms. At the 2018 Annual Meeting there were four persons who submitted their notice of intent to run for the board, including a husband and wife who …
By David G. Muller
Posted on 
Every director who sits on the board of a homeowners association gets a voice in the operations of the association. The questions I receive are more about how that voice is exercised through a vote. For instance, some directors travel quite a bit, whether for work or play is irrelevant. The directors however are …
By David G. Muller
Posted on 
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Flor…
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.
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