Q: What are the powers and duties of a condominium association in Florida regarding unit repair and reconstruction to treat mold after a hurricane? (L.N., via e-mail)
A: Like many legal issues, “it depends.” Mold has …
Retroactive Application of Rules Explained
Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, …
Meeting Motion Starts Fireworks
Q: At the recent annual meeting of our condominium association, the president asked at the end of the meeting if there was any “new business.” I raised my hand and made a motion to appoint a committee to audit …
Smoking Ban Raises Questions
Q: My condominium association board recently implemented a “no-smoking” policy after receiving numerous complaints about second-hand smoke. Several residents continue to smoke in their unit and on their balcony, insisting they have the right to do so in their …
“55 and Over” Housing Explained
Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail)
A: The federal …
“Single Family” Use Restriction Questioned
Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when …
Fining Notice Procedures Questioned
Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail)
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Corporate Transparency Act Explained
Q: We recently received an e-mail from our management company regarding the filing requirements of the Corporate Transparency Act. This is the first I’ve ever heard of it. Can you explain what this is? (M.M., via e-mail)
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State Regulation of HOA’s Limited
Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail)
A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is …
Remote Meeting Procedures Questioned
Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried …