Q: Can a condominium association ban smoking inside condominium unit? I have discomfort and health concerns related to my neighbor’s constant smoking. (M.C., via e-mail)
A: There is no case law on this topic, and it is not addressed …
Notice of Board Meetings Must Be Posted
Q: It is my understanding that board meetings require paper posting of notice on the condominium property. However, our board does not always post notice saying that “they forgot.” What action can be taken to address a failure to post …
‘Master’ Association Documents Usually Controlling Authority
Q: I own a unit in a condominium association that is part of a larger community made up of a number of other condominium associations and homeowners’ associations, all of which are governed by a master association. This raises questions …
New Structural Safety Laws Create Questions
Q: I have heard that there will be efforts to change the new condominium law about inspections and reserves. Can you shed any light on what the proposals might be and their chances of passing? (S.G., via e-mail)
You …
HOA Lien Procedures Explained
Q: There has been confusion on my HOA board regarding when the association can record a lien against a delinquent owner. I thought we could lien after 45 days, but our manager says we must give a warning letter first. …
Enforcement of New Structural Safety Law Examined
Q: In a previous column, you mentioned the new statute that deals with building inspections and reserves. I understand the reason for these changes, but do not understand how they are enforced or how extensive they are. Can you …
Board Agendas Questioned
Q: My homeowners’ association board has voted on topics that were not posted on the agenda; therefore, homeowners did not know they would be voting on these items. Is this legal? (G.P., via e-mail)
A: In …
Can Board Decide on New Roofs?
Q: My condominium association board voted to replace the roofs on the condominium buildings, which are 20 years old. I am not aware of any major issue with the roofs. Our condominium documents say that any capital improvement must …
New Law Addresses Building Safety
In a surprise move, the Florida Legislature decided in its pending Special Session to take up the “Surfside legislation” that did not pass during the Regular Session earlier this year. A Bill was adopted unanimously by the Senate on May 24, …
Voting Requirements Cause Frustration
Q: The condominium documents for my association require that 75% of all members must vote to approve any amendments. The association has trouble even getting a quorum of members to attend meetings. Can the association approve an amendment based …