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Category – Q&A (Question and Answer)
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 …
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 …
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) …
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) …
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? …
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) …
Q: I live in a gated homeowners’ association. Roots from a tree planted on the common area has damaged my driveway. Who is responsible for the repair? (J.K., via e-mail)
A:Probably you.
There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage …
Q: If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue? Can another board member submit their written vote at the board meeting? (J.T., via e-mail)
A: No. Section 720.303(2)(c)3 of the Florida Homeowners’ Association Act specifically …
Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before the election. At the annual meeting, the remaining four members of the board were re-elected. …
Q: The board of my homeowners’ association has decided to meet only quarterly. Is this legal? I thought that by law the Board needed to meet ten times per year. (S.B., via e-mail)
A: Section 720.303(2) (a) of the Florida Homeowner’s Association Act states that a meeting of the board occurs “whenever a quorum …
Q: My condominium association recently held its annual meeting and the election was quite close. Only one vote separated the candidates for the last open director position. The candidate that lost the election by one vote requested to review all the election materials, including the ballots. He determined that three election ballots, all with votes cast …
Q: Could you please tell me when the State passed legislation to require HOA’s to record its rules and regulations? (T.D., via e-mail)
A: As of July 1, 2018, homeowners’ associations are required to record amendments to their rules and regulations.
The recording requirement is the result of an amendment made to the Section 720.306(1)(e) of …