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By Joseph Adams
Posted on 
Q: An issue has come up in my condominium association regarding the role of the association president. Some members, including the current president, feel that the president of the association has the authority to take any action on behalf of the association without the consent of the rest of the board. Is this correct? …
By Joseph Adams
Posted on 
Q: Can the board of a condominium association allow unit owners of certain buildings to fence in areas that are defined as common areas per our declaration and plats? Once fenced, the areas would be exclusive to the respective unit owners, and not all buildings. Therefore not all members would be able to …
By Joseph Adams
Posted on 
Although the advent of vaccines signals the end of COVID-19, the pandemic remains a fixture in our landscape and undoubtedly will for some time to come. As Southwest Florida community associations typically have most of their meetings during the “season,” this presents recurrent questions about the applicable laws and “sunshine rules,” especially regarding “remote …
By Joseph Adams
Posted on 
Q: My homeowners’ association has a rule that prohibits commercial vehicles from being parked in the driveways. A question came up as to whether this rule would apply to a police cruiser that is driven by one of our owners who is a law enforcement officer. The board stated that the police cruiser …
By Joseph Adams
Posted on 
Q: Are “beware of alligator” signs legally required in Florida? (B.K, via e-mail)
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By Joseph Adams
Posted on 
Q: Our community was built in 1982. Many homeowners have had screen patios for 38 years. The board now wants the screens removed and if a homeowner does not remove it, the board will, and it will send the bill. Can an HOA do this now after 38 years? (A.W., via e-mail) …
By Joseph Adams
Posted on 
Q: Our social committee wants to start a “movie night” that is open to all of our residents. Would this violate copyright laws? (C.S., via e-mail)
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By Joseph Adams
Posted on 
Q: Is it permissible for a candidate for the board to include personal information about himself or herself in the official ballot mailing sent by our condominium association? Does the board have the right to edit these or withhold inflammatory comments? (S.M., via e-mail)
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By Joseph Adams
Posted on 
Q: My association is threatening to fine me $100.00 per day for not following their mask rules. Is there a law that allows associations to fine $100.00 per day? (J.G., via e-mail) …
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 …
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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