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By Joseph Adams
Posted on 
The World Health Organization has declared the Coronavirus a pandemic. States of emergency have been declared at the federal, state and many local levels.
Not surprisingly, we are being asked what steps associations can and can’t (and should and shouldn’t) take. All of the association statutes in Florida contain an “emergency powers” …
By Joseph Adams
Posted on 
Q: At our annual HOA meeting, the persons who were voted in by the board for the treasurer and secretary resigned after accepting the position that very night. Can the board fill the vacancies without an election? Is there a limited timeframe to fill the names of these vacant positions? I am also …
By Joseph Adams
Posted on 
Q: Can a homeowners’ association set speed limits that are below county limits? If so, how can they enforce these regulations? (T.H., via e-mail)
A: In general, yes. Most governing documents grant the board of directors the authority to make rules regarding the use of common areas. Rules of a …
By Joseph Adams
Posted on 
Q: Could you please clarify the purpose of a proxy at a condominium association meeting? (M.G., via e-mail).
A: A proxy is a document that allows an owner to designate another person to attend a meeting and to vote on the owner’s behalf.
There are two types of …
By Joseph Adams
Posted on 
Q: Our condominium documents do not permit renters to have pets. A new short-term renter in my building has a dog. When I asked the management company, I was shown a certificate for an “emotional support animal” that can be purchased online. It is my understanding that “emotional support animals” can only break …
By Joseph Adams
Posted on 
Q: As a condominium unit owner, am I entitled to any representation from the condominium association’s hired lawyer? (R.R., via e-mail)
A: Generally speaking, no.
While a unit owner may rightfully feel that he or she “pays” for the association’s attorney, the attorney represents the corporation as an …
By Joseph Adams
Posted on 
Q: Two owners in my condominium building had their air conditioner units moved to the roof of the building. Is this allowed? The association has not had the units moved back. Don’t we need to vote to change our common elements? (E.H., via e-mail) …
By Joseph Adams
Posted on 
Q: The developer of an adjacent property is attempting to rezone it. We are already facing problems due to the growth in our area. Does the local government have a legal or moral obligation to protect us? (R.Z., via e-mail) …
By Joseph Adams
Posted on 
Q: I live in a community that includes a mandatory golf club membership. The restaurant/lounge has been underperforming. The board recently imposed a minimum food and beverage purchase requirement for all members. Is this legal? …
By Joseph Adams
Posted on 
Q: Where do I find in the statutes about relatives being on the board? I was told that if you are a relative, you cannot be on the board at the same time. Is that true? If so, what level of blood relation does it go to? (J.C., 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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