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Today begins our annual review of new legislation affecting community associations in Florida. The main piece of legislation derives from House Bill 81, which will become law on July 1, 2018. HB 841 affects condominiums, cooperatives and homeowners’ associations. We will begin with a look at changes to the condominium laws.
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Q: My condominium is taking a vote to authorize renovations to our lobby. Could the board e-mail the owners for their votes instead of holding a meeting? Are owners allowed to vote using e-mail? (S.B. via e-mail)
A: No. Section 718.112(2)(d)5 of the Florida Condominium Act …
Q: Do condominium owners have a say in approving the annual budget? (D.J. via e-mail)
A: Unit owners do not have the right to adopt or approve a proposed budget as a matter of law. The association’s bylaws will address how the budget is …
Q: I have heard that there is a new law requiring condominium associations to have a website. Is that true? (J.L. via e-mail)
A: Yes, although the law has somewhat limited application. First, it is worthwhile to note that the 2018 Florida Legislature passed …
By Joseph Adams
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Q: In a homeowners’ association, can residents request items be added to the agenda for board meetings, or can only directors do this? If so, is there a deadline by which items must be placed on the agenda in order to give residents adequate notice about the items to be discussed? …
By Joseph Adams
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Q: Has the law been changed to allow grilling on condominium balconies? (J.S. via e-mail)
By Joseph Adams
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Q: I am on the fining committee of our association. The management company expects us to “rubber stamp” every proposed fine, but that is not always our desire. We would like to correct behavior and are not in it for the money. Sometimes the board levies a fine that we think is …
By Joseph Adams
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Q: My association recently sent out the annual meeting notice materials. There is a proxy question which reads: “Should the minimum rental term be increased to 90 days?” There was no other documents or discussion regarding the amendment included in the meeting materials. Is this legal? (J.P. via e-mail)
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By Joseph Adams
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Q: Can the board of a condominium association take out a loan to pay for hurricane repairs? (M.D. via e-mail)
A: Yes. In fact, the only place the Florida Condominium Act speaks to an association’s authority to borrow money is in the section setting forth the …
By Joseph Adams
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Q: Historically, the unit owners in our condominium are given the opportunity to vote on waiving reserve funding each year. When approved, this resulted in lower assessments. This year, the board adopted a budget with fully-funded reserves and did not give the owners the opportunity to vote to waive. Is this allowed? …
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