Q: I am on the fining committee of our association. The management company expects us to “rubber stamp” every proposed fine, but that is not always our desire. We would like to correct behavior and are not in …
Rental Amendments Require Proper Procedure
Q: My association recently sent out the annual meeting notice materials. There is a proxy question which reads: “Should the minimum rental term be increased to 90 days?” There was no other documents or discussion regarding the amendment …
Associations Can Borrow For Hurricane Repair
Q: Can the board of a condominium association take out a loan to pay for hurricane repairs? (M.D. via e-mail)
A: Yes. In fact, the only place the Florida Condominium Act speaks …
Board Not Obligated to Put Reserves on Agenda
Q: Historically, the unit owners in our condominium are given the opportunity to vote on waiving reserve funding each year. When approved, this resulted in lower assessments. This year, the board adopted a budget with fully-funded reserves and …
Staggered Terms Explained
Q: The board of my condominium association is elected for “staggered terms” according to our bylaws. What does this mean? (D.L. via e-mail)
A: The Florida Condominium Act provides that directors’ terms …
Board Cannot Suspend Without Hearing
Q: Our condominium association board imposed a suspension for use of common facilities as a penalty for an owner who had been renting in violation of our condominium documents. I stated that the suspension would require approval of …
Non-Vote Can Be A “No” Vote
Q: I am on the board for our condominium complex. Many owners have requested getting lights for our swimming pool so that they may use it longer in the winter months. We have the funds for this and …
Quorum Needed to Conduct Association Business
Q: I keep seeing the term “quorum” in the materials for my condominium association’s annual meeting. Can you explain what a quorum is? (L.B., via e-mail)
A: “Quorum” refers to the number …
Board Must Allow Hurricane Shutters
Q: Our condominium documents require owners to maintain windows. The board wants to encourage (or even force) owners to install impact glass. Can the board dictate the type of new windows that have to be installed? Also, why …
Requiring Licensed Contractors is Valid
Q: My homeowners’ association requires contractors to be licensed and insured as part of the approval process for architectural review. Are they allowed to do this? (K.L. via e-mail)
A: The Florida …