Q: My condominium association states that under Florida Statute 718.112 they can charge a fee when someone is buying a condominium of $100.00 per applicant. They call it a transfer fee, yet in reading the statute one cannot charge husband/wife and par…
Joseph Adams
Leftover Funds Must Be Returned or Credited
Q: Our association levied a special assessment after Hurricane Irma for cleaning up our property and repairing some minor damage to the buildings. The damages were not bad enough to reach our insurance deductible. The board ended up spending …
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Adoption of Rules Does Not Necessarily Require Membership Vote
Q: Recently there were discussions by the board of directors of my homeowners’ association regarding the adoption of new rules. It appeared that the board is intending to proceed with adopting rules by a board vote. Doesn’t adoption of …
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No Cooling Off Period Required After Failed Amendment
Q: My condominium association recently voted on proposed amendments to our documents. The amendments did not pass and now the board is stating they plan on scheduling a new vote on the amendments again. Can they do this? Doesn’t …
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Owners Can Record Meetings; Free Speech Rights Unclear
Q: I recently agreed to serve on the board of my condominium association. There is one owner who comes to many of the board meetings and sits in the front row with his phone device pointed at the head …
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Audit Requirements Depend On Revenue
Q: I recently asked to inspect the financial records of my homeowners’ association. As part of that inspection I discovered that the association has not had an audit for at least the last seven years. When questioned, the treasurer …
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Lee County Wants To Speed Up Hurricane Cleanup
Q: Lee County has information for homeowners’ association leaders. Professional property managers and residential community associations can now take steps to protect their communities in the event of a hurricane or other declared major disaster in Lee …
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HOA Board Meetings Must Be Open
Q: My homeowners’ association is currently under developer control. Does a developer-controlled homeowners’ association have to hold open and noticed board meetings? (B.P., via e-mail)
A: Yes. Section 720.303(2) of the Florida Homeowners’ Association …
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Agency Revisits Term Limit Issue
In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.
The obvious immediate question was whether this law would be …
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Hurricane Shutter Law Explored
Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA board if they can come up with a storm shutter policy under Florida Statute 718.113. The board replied that the HOA …
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