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By Joseph Adams
Posted on 
Q: Our declaration of condominium requires “two-thirds vote, by proxy or in person,” to approve an amendment. For example, if only 20% of members participate in a meeting, this would enable passage if 12% of the membership at a meeting to approve. Is this correct? Is there a minimum number of these “interests” required to …
By Joseph Adams
Posted on 
Q: Due to the ongoing COVID-19 pandemic, many of the seasonal owners in our condominium will not be returning this year. This raises concerns about how we should conduct the election for directors. …
By Joseph Adams
Posted on 
Q: Can the members of our board of directors receive a holiday bonus? (G.M, via e-mail)
A: Not to be the “grinch,” but this is generally not a good idea and is usually not legally permissible. …
By Joseph Adams
Posted on 
Q: I asked my association’s manager for a copy of our community pool’s permit and was told to go get it from the Florida Department of Health myself. Is our manager required to provide a permit like this to the owners when asked for a copy? (B.B., via e-mail) …
By Joseph Adams
Posted on 
Q: How can a condominium “material change” be approved? Who approves it, the board or the property owners? If several items are being altered, must each item be listed separately or can it be a single vote lumped together as one? (A.J., via e-mail)
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By Joseph Adams
Posted on 
Q: Our homeowners’ association pool is only open from “dawn to dusk.” With the time change, it gets dark early. Residents who work are not able to use the pool during the week. Can the board change the pool hours or is “dawn to dusk” mandated by the state? (L.T., via e-mail)
A: …
By Joseph Adams
Posted on Q: I have an HOA question about board members voting by proxy. I believe that they cannot submit their own personal vote via proxy, but are they allowed to simply collect unlimited proxies? The board members collect and give the proxies to one board member to distribute. Is this legal? (E.L., via e-mail) …
By Joseph Adams
Posted on 
Q: Is it necessary for the board of my condominium association to get a vote from the owners to change parking rules? They want to restrict me from parking my third vehicle on the property. I have been living here for over a year with three vehicles and no problem. (R.T., via e-mail) …
By Joseph Adams
Posted on 
Q: We recently discovered that the air handler drain in the unit above us became clogged resulting in water damage to our unit. Our insurance covered some of the costs, but not all. We were not in the unit when this occurred and it was some time before we discovered it, resulting in mold. Would …
By Joseph Adams
Posted on 
Q: My homeowners’ association has maintenance access easements over certain areas across the lots adjacent to a pond. Does this mean that all homeowners’ association owners/members are allowed to walk over these access easements to access the pond? (D.P., via e-mail) …
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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