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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 …
By David G. Muller
Posted on 
Community Association election season is still going strong. One often asked question during this time is whether an unpaid fine makes an owner ineligible for the board. Simply put, an owner is not eligible to run for the board if he does not pay the fine in full by the statutory deadline. The Condominium …
By David G. Muller
Posted on 
Q: I live in a condominium that does not allow pets of any kind, and never has allowed them. One of the reasons I purchased a unit in this condominium is because I don’t like pets and I don’t want to be around them. Last year my condo board allowed a new owner, who is …
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
Posted on 
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 …
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