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All Posts By David G. Muller

What Can a Board Do about a Rude Officer or Director?

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Most community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers.  This is important when an officer proves to be prone to bad/rude behavior.  The board likely has the right …

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Are Signed Election Ballots Valid?

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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 …

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Can Director Resign for Any Reason?

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I have met with many boards over the years and often find that they are tireless volunteers who due to malcontents in the community being unappreciative and rude chose to resign from the Board rather than continue dealing with the …

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Is This a Conflict?

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The board member in a homeowners association just hired the same pool company that is used by the association.  Conflict? Not necessarily.  There are provisions within the Homeowners Association Act which prohibit contracts between an association and a company when …

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Adopting Short Term Rental Restrictions

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Published by: Naples Daily News

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 …

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Developments Regarding New Term Limit Law

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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 …

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Fines and Board Eligibility

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Many times, associations are challenged by owners who believe their names were improperly kept off the election ballot because the owner did not agree that they owed a fine.  The Condominium Act states that a person who is delinquent in …

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Can Directors Vote Via E-Mail?

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Q: I heard there was a recent change in the law which now prevents Board Members in a homeowners association from voting on matters via e-mail. Can you confirm this? Y.C. via e-mail

A:

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Penalties for Financial Reporting Violations

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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 …

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Can A Director Resign For Any Reason?

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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 …

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