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By David G. Muller
Posted on 
Several states (including Florida) have banned smoking in most public places. The gradual move toward smoke-free condos, and the extent of a board’s authority in this arena, is the source of much debate within the state. The Florida Clean Indoor Air Act, found at Chapter 386 of the Florida Statutes, provides a uniform statewide …
By David G. Muller
Posted on 
Florida community associations are permitted to send membership meeting notices and certain board meeting notices to the owners electronically if the association obtains the written consent of the subject owner. The association attorney can assist in preparing the applicable consent form, which will need to include the designated e-mail address the owner wishes the …
By David G. Muller
Posted on 
Question: My home is located near the tee box of the first hole of a local golf course. Periodically (but very infrequently) an errant golf ball strikes my house. Two weeks ago a particularly bad golfer sent a golf ball right through my window, causing considerable damage. I ran out to get …
By David G. Muller
Posted on 
Question: The wife of an owner (only the husband is on the deed) is running for the Board of our condominium association. Is she eligible to run for the Board? I thought you had to be an owner under Florida Law to serve on a condominium association Board? D.A. via e-mail …
By David G. Muller
Posted on 
Question: Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings. They claim their roots threaten the sidewalk pavers, but there are low cost solutions to address that concern. The board also raises a concern regarding the palm fronds touching the roofs, …
By David G. Muller
Posted on 
Question: I am the President of my condominium association. I just found out that the association was sued by a disgruntled owner. Unfortunately, I just recently learned that the association has been “defaulted” in the lawsuit because we failed to answer the lawsuit by the deadline. Apparently the process server served a …
By David G. Muller
Posted on 
Question: I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community? And does it really work? A.A. via e-mail
Answer: You heard correctly. During the 2015 Legislative …
By David G. Muller
Posted on 
Question: Our annual budget is always over $500,000 and requires a year-end audit unless waived by the owners, which I understand cannot be done more than three consecutive years. Is there a penalty and what could happen if the association obtains owner approval to waive the audit for more than three consecutive …
By David G. Muller
Posted on 
Question: Recently, our association’s president resigned and took a job with our management company at another complex. While our office manager was on vacation this former president was in her office for a few hours. If he resigned doesn’t he have to turn in his key to the office. He has no …
By David G. Muller
Posted on 
Question: The bylaws of our condominium association specify that the board of Directors shall be comprised of not less than five nor more than seven members. Six members filed their applications for candidacy by the required deadline (40 days before the annual meeting). One of the members subsequently sent an email requesting …
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