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By Joseph Adams
Posted on 
Q: There has been confusion in my homeowners’ association regarding the vote required to approve amendments. We understand that the law states that the quorum for a members’ meeting cannot exceed 30% of the membership. However, our documents state that two-thirds of all owners must vote to approve amendments to our declaration. Is …
By Joseph Adams
Posted on 
Q: After the unit owners in a condominium association vote to approve an amendment, is there a time limit or deadline by which the amendment must be recorded with the county? (M.A. via e-mail)
A: Chapter 718 of the Florida Statutes, known as the Florida Condominium Act, extensively …
By Joseph Adams
Posted on 
Q: The board of my homeowners’ association wants to hire a management company. They say it is too much work. We are a small development with very little common property, and we have always been self-managed. A number of us feel that if the board is going to saddle us with this extra …
By Joseph Adams
Posted on 
Q: My community has both single-family homes and townhouses. A question has arisen as to whether the laws that govern condominium associations or homeowners’ associations apply. Can you clarify this for us? (B.K., via e-mail)
A: The answer would depend on the language of the governing documents for …
By Joseph Adams
Posted on 
Q: You recently published an article stating that the names of fellow unit owners are a public record. Is the rule the same for timeshare condominium associations?
A: No. When it comes to providing the names (and other information) of owners of a timeshare, the “rules” are different. …
By Joseph Adams
Posted on 
Q: We have a few people who “vape” at the swimming pool at our condominium. I complained to one of them once as the fumes were blowing in my direction. They pointed to the “No Smoking” sign posted at the pool and said “there’s no rule against this.” What do you think? (K.G. …
By Joseph Adams
Posted on 
Q: The board of directors of my homeowners’ association is considering a bulk contract for cable television and internet service for our community. The association has never previously provided cable or internet service to the residents. If the contract is signed, all of the owners would be forced to pay for the service …
By Joseph Adams
Posted on 
Q: Our condominium has a “hoarder” whose unit is filled with papers, newspapers, cardboard, plastic bags, and the like. I am worried about fire hazards and vermin infestation. Neither our board nor the manager are willing to do anything about this. Does Florida law provide me with any way to cure this situation? …
By Joseph Adams
Posted on 
Q: If the ballot sent to every homeowner states you may vote up to five candidates and no more, can you cast all five votes for just one person and have that ballot counted as five votes versus one vote? (S.D., via e-mail)
A: It depends on the …
By Joseph Adams
Posted on 
Q: What legal notices does my association have to send to me, if any by U.S. mail. I signed an electronic notice authorization but keep getting a lot of association paperwork in the mail? (A.K., via e-mail)
A: Associations are generally required to send notices for membership meetings, …
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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