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By David G. Muller
Posted on 
In 2018, the Florida Legislature revised a provision within the Condominium Act concerning financial reporting. Specifically, if a condominium association fails to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes (the “Division”) regarding providing a unit owner with a copy of the annual financial report, the condominium association, as …
By David G. Muller
Posted on 
Q: My condominium association has one owner who is a malcontent. He is always objecting to everything the Board tries to do and his constant vocal complaining has caused the Board much stress. Two of the Directors resigned as a result of this disgruntled owner. Is this a proper basis for Directors to …
By David G. Muller
Posted on 
Q: Can a condominium association board vote to convert from straight-line reserves to pooled reserves without a membership vote? R.F. via e-mail
A: “Cash flow” funding of condominium reserves, often referred to as the “pooling” method of reserve funding, is a concept that was introduced many …
By David G. Muller
Posted on 
Many times I see situations where an owner sends a community a certified letter seeking the answer to questions about various issues. The nature and manner of the responses is dictated by the type of community. The Florida Condominium Act states that when a unit owner of a residential condominium files a written inquiry …
By David G. Muller
Posted on 
Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board meeting (where unit owners are not permitted to attend) in two situations. The first …
By David G. Muller
Posted on 
The Florida Condominium Act states that an amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and …
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 …
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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