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By David G. Muller
Posted on 
Q: I live in a condominium and there are several disruptive annual renters. There are six different sections but only one board. Each section is governed by their own declaration of condominium. Can one section approve an amendment to their declaration banning rentals even while other sections still allow rentals? G.P. …
By David G. Muller
Posted on 
Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags. Is it legal to fly a political flag on a home located in a homeowners association? I.B.
A: Sections 720.304(2)(a) and 720.3075(3) of the Florida Homeowners Association …
By David G. Muller
Posted on 
Q: I heard there is a new law that impacts the registration process for “55+” communities. What are the details? R.W.
A: You heard correctly. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement for “housing for older persons communities” (often called “55 and …
By David G. Muller
Posted on 
Q: In a recent column you said a new law passed about “emotional support animals,” which is supposed to cut down on bogus requests. When does this law take effect and what are the details? M.H.
A: Senate Bill 1084 did become law. It was signed …
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 David G. Muller
Posted on 
Q: I am a new owner of a home located within a deed restricted community. Many of the lots, including mine, have large oak trees located between the rear of the residence and the community property line. The oak trees are never trimmed by the association. One oak tree in particular is located on common …
By David G. Muller
Posted on 
Q: My condominium association board voted to close the swimming pool in late March due to the COVID-19 threat. A few days later Governor DeSantis signed the “Stay at Home” Order and specifically defined “swimming” as an essential activity. Does this mean that my condominium’s swimming pool closure is overturned by the Governor’s …
By David G. Muller
Posted on 
Q: As president of my condominium association, I believe it is time to fire our in-house manager and hire a new one. I obviously need the approval of the board to fire the manager. At the upcoming board meeting can the board go into “executive session” to authorize firing the manager? T.Z. …
By David G. Muller
Posted on 
Many associations do not just hire a manager. They hire an entire management company. The question I get asked at times is whether a management company has to be licensed. The short answer is yes. Their licensure is addressed by Florida Statutes (§468.432) which requires a community association management firm that is responsible for …
By David G. Muller
Posted on 
Q: My condominium association imposes strict limitations on the rental of units. The condominium documents include a requirement for the board to review and approve all proposed leases and tenants. The condominium documents also permit the association to charge a fee up to the highest amount the law allows to cover the cost of the …
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