Q: Can a spouse of a unit owner, who is not a co-owner of the condominium unit, serve on the board of directors for a condominium association (P.H., via e-mail)?
A: It depends on the provisions of your condominium …
Board Asks What It Can Do About Late Payments
Q: We have a condominium unit owner who has not paid dues in over a year. We would like to suspend their legal rights until they are paid up. May we do this? (M.L., via e-mail)
A: Section 718.303(4)of …
Reserve and Inspection Laws Changed
Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor:
Inspection Deadlines: …
Minutes Must Be Kept Permanently
Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? (K.B., via e-mail)
A: Section 718.111(12)(a) and (b) of the Florida Condominium Act requires that the minutes of all meetings of the condominium …
Use of Surplus Money Questioned
Q: My condominium association recently approved a special assessment to pay for a construction project. The project is now completed and there is money left over. The board has now called a meeting where they are going to consider the …
Board Bickers Over Meeting Agendas
Q: The board of directors for my condominium association has an ongoing dispute over which board members can put items on the agenda of a board meeting. Can individual board members put items on the agenda of a board meeting? …
Workshops Require Minutes
Q: What are the requirements regarding keeping minutes for workshops by the board of directors? (L.F., via e-mail)
A: A board “meeting” is generally defined as any “gathering” of a “quorum” of the board members gathered to “conduct association …
Material Alteration Voting Explained
Q: A question has arisen in my condominium association regarding what vote is required to change the property. At a recent meeting, 2/3rds voted in favor. However, this was just 2/3rds of the proxies, and not 2/3rds of everybody. Isn’t …
Ian Assessments Not Paid/What Next?
Q: Our condo association, like many others, had to issue an assessment to owners to recover the cost of damages from hurricane Ian. We have issued the notices, and all the owners except one has either made full or partial …
Developer Turnover Obligations Explained
Q: After the developer transfers control of the condominium association to the unit owners, can the association increase the assessments for the common expenses only against the developer owned units to cover the costs of repair for construction defects? (C.D., …