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By David G. Muller
Posted on 
Certain contracts entered into by a condominium association require competitive bidding. Section 718.3026(1) of the Florida Condominium Act requires competitive bidding for contracts related to the purchase, lease, or renting of materials or equipment, or for the provision of services, which require payment by the association which (in the aggregate) exceeds 5% of the …
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 Florida cities. The Firm focuses a substantial amount of its practice …
By David G. Muller
Posted on 
Disputes over maintenance, repair and replacement responsibilities are common in community associations and a well drafted declaration or amendment to the declaration can help prevent disputes over who (owner or association) is responsible for a specific item of maintenance.
Regarding how to interpret your existing condominium documents, the unit boundaries will be …
By David G. Muller
Posted on 
The Condominium Act was amended on July 1, 2017 to specifically address and prohibit the use of debit cards. It states that an association and its officers, directors, employees, and agents may not use a debit card issued in the name of the association, or billed directly to the association, for the payment of …
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 …
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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