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Category – Q&A (Question and Answer)
Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags. Is it legal to fly a political flag on a home located in a homeowners association? I.B.
A: Sections 720.304(2)(a) and 720.3075(3) of the Florida Homeowners Association …
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)
A: It depends upon the language of the grant …
Q: I live in a condominium and want to know if there is a state statute that limits the number of units that can be rented in a condominium or can the owners establish such a limit? (R.B., via e-mail)
A: Chapter 718 of the Florida Condominium Act (“Act”) does …
Q: When can a condominium board of directors hold a meeting which is closed to the owners? (P.C., via e-mail)
A: Pursuant to Section 718.112(2)(c) of the Florida Condominium Act, meetings of the board of administration at which a quorum of the board members is present must be properly noticed …
Q: The board of directors of my condominium association have been discussing purchasing an adjacent parcel of land. There is a question in the community as to whether this is allowed. Can a condominium association purchase additional property? (N.K, via e-mail)
A: There is nothing that prevents a condominium association …
Q: Our homeowners’ association board president has not been responsive. He is also over two months overdue on assessments. Can he be replaced and what are the steps for that process? (V.R., via e-mail)
A: There is a difference between directors and officers. Directors (the “board”) are elected by the …
Q: There have been so many orders and news conferences from the governor regarding the COVID-19 pandemic. Can you give us a quick overview of what orders that apply to community associations are still in effect? (R.D., via e-mail)
A: On March 9, 2020, Governor Ron DeSantis issued Executive Order …
Q: I heard there is a new law that impacts the registration process for “55+” communities. What are the details? R.W.
A: You heard correctly. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement for “housing for older persons communities” (often called “55 and …
Q: Does a condominium unit owner have the right to prohibit anyone from parking in his assigned parking space while he or she is residing in their northern home? (J.M., via e-mail)
A: It depends. If the parking space is designated by the declaration of condominium as a “limited common …
Q: I own the top unit in a two-story building. Heavy rains caused roof damage which caused significant ceiling damage in my unit. The property manager quickly sent a roofer to fix the exterior problem. They will provide service to replace my ceiling sheet rock but will not pay for ceiling paint. Why …
Q: We heard a rumor that our “55+ Park” is no longer required to register with the state. Is this true? (D.R., via e-mail)
A: Yes. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement that “housing for older persons communities,” often called “55 …
Q: Our condominium association board held online/telephone monthly meetings during the pandemic enabling owners to listen and ask questions. Normally, our board holds meetings where owners may attend in person. When the Florida Governor implemented Phase 2, the board went back to in person attendance meetings with social distancing. Is the condominium association …