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By Joseph Adams
Posted on 
Q: I live in a gated homeowners’ association. Roots from a tree planted on the common area has damaged my driveway. Who is responsible for the repair? (J.K., via e-mail)
A:Probably you.
There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage …
By Joseph Adams
Posted on 
Q: If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue? Can another board member submit their written vote at the board meeting? (J.T., via e-mail)
A: No. Section 720.303(2)(c)3 of the Florida Homeowners’ Association Act specifically …
By Joseph Adams
Posted on 
Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before the election. At the annual meeting, the remaining four members of the board were re-elected. …
By Joseph Adams
Posted on 
Q: The board of my homeowners’ association has decided to meet only quarterly. Is this legal? I thought that by law the Board needed to meet ten times per year. (S.B., via e-mail)
A: Section 720.303(2) (a) of the Florida Homeowner’s Association Act states that a meeting of the board occurs “whenever a quorum …
By Joseph Adams
Posted on 
Q: Could you please tell me when the State passed legislation to require HOA’s to record its rules and regulations? (T.D., via e-mail)
A: As of July 1, 2018, homeowners’ associations are required to record amendments to their rules and regulations.
The recording requirement is the result of an amendment made to the Section 720.306(1)(e) of …
By Joseph Adams
Posted on 
Q: I have a question in regards to condominium board member term of office and elections. Due to the new law that started in 2018, do the board members automatically stay on the board if they choose to for up to eight years, or do they have to send their intentions to run again after 2 …
By Joseph Adams
Posted on 
Q: A director on our condominium board recently resigned, but would still like to volunteer on a committee. Is this permissible? (S.F., via e-mail)
A: I believe so, but the law is a bit of a mess.
Section 718.103(7) of the Florida Condominium Act defines a “committee” as “a group of board members, unit owners, or …
By Joseph Adams
Posted on 
Q: My condominium association uses 50/50 raffles to raise funds for our committees. With the holidays around the corner and funding efforts in full effect, we are concerned about recent comments from some owners about this being illegal. Are 50/50 raffles allowed? …
By Joseph Adams
Posted on 
Q: If our secretary steps down, we will only have 4 directors. How do we break a tie when voting on upcoming issues? (S.K., via e-mail) …
By Joseph Adams
Posted on 
Q: Some in our homeowners’ association argue we need not offer any amenities like a swimming pool, tennis court, bocce ball, bingo, community dinners, etc., in order to maintain our “55 and over” status. Others say we must have all these and maybe more. Is there a list of amenities that must be followed to …
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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