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All Posts By David G. Muller

Procedure To Convert To Pooled Reserves

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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 …

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Condos, HOAs, and Written Inquiries

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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 …

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Can a Condo Board Meet Behind Closed Doors?

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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 …

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Are HOA Owners “Grandfathered” In from New Rental Restrictions?

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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 …

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Is a Bid Required?

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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, …

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Must Condo Minutes Be Kept Forever?

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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 …

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Who is Responsible for Electrical Wiring and Plumbing Repairs?

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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.

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Can My Condo Still Use Debit Cards?

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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 …

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Smoking Prohibited

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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 …

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Can My Association Send Notices Electronically?

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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 …

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