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By Joseph Adams
Posted on 
Q: I own the top unit in a two-story building. Heavy rains caused roof damage which caused significant ceiling damage in my unit. The property manager quickly sent a roofer to fix the exterior problem. They will provide service to replace my ceiling sheet rock but will not pay for ceiling paint. Why …
By Joseph Adams
Posted on 
Q: We heard a rumor that our “55+ Park” is no longer required to register with the state. Is this true? (D.R., via e-mail)
A: Yes. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement that “housing for older persons communities,” often called “55 …
By Joseph Adams
Posted on 
Q: Our condominium association board held online/telephone monthly meetings during the pandemic enabling owners to listen and ask questions. Normally, our board holds meetings where owners may attend in person. When the Florida Governor implemented Phase 2, the board went back to in person attendance meetings with social distancing. Is the condominium association …
By Joseph Adams
Posted on 
Q: My condominium unit has mold as a result of poor original construction in the 1980’s. Under the Florida Condominium Act, is the association responsible for the structural repairs of the damage caused by this mold? (S.S., via e-mail)
A: Mold is a symptom of water or excess moisture being …
By Joseph Adams
Posted on 
Q: What is the maximum fine an association can impose on an owner for a rule violation? (H.H., via e-mail)
A: It depends. Condominium and cooperative fines are capped at $100.00 per day, and further capped at $1,000.00 in the aggregate for continuing violations. Homeowners’ association fines may not exceed $100.00 per …
By Joseph Adams
Posted on 
Q: There is an ongoing dispute in my homeowners’ association concerning the installation of clotheslines that we are hoping you can resolve. Some owners have stated that they are entitled to install clotheslines on their lots without regulation by the association. The board of directors has stated that while clotheslines may be installed, …
By Joseph Adams
Posted on 
Q: Does Florida do unannounced audits of condominium or homeowners’ associations to see if they are conforming to the relevant statutes? For example, some of our board members don’t want bids for a contract even though it is required by statute. As President, the argument I got from some board members was: “who’s …
By Joseph Adams
Posted on 
Q: Lee County has information for homeowners’ association leaders. Professional property managers and residential community associations can now take steps to protect their communities in the event of a hurricane or other declared major disaster in Lee County.
FEMA regulations require that private or gated communities have …
By Joseph Adams
Posted on 
Q: Because of COVID-19, our homeowners’ association has prohibited guest use of our pool and fitness center. This has precluded third-party led fitness classes, even if the classes are offered outdoors. Instead, the association is allowing member-led fitness classes outdoors, like aqua aerobics and yoga, on the common areas. Is it permissible to …
By Joseph Adams
Posted on 
Q: My condominium association has the digital key-code to my unit but is still insisting on having a physical key. Is the law specific on how I have granted them access to my unit? (D.L., via e-mail)
A: Section 718.111(5)(a) of the Florida Condominium Act provides that the association has …
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