Q & A

Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor:

Inspection Deadlines: …

Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? (K.B., via e-mail)

A: Section 718.111(12)(a) and (b) of the Florida Condominium Act requires that the minutes of all meetings of the condominium …

Q: My condominium association recently approved a special assessment to pay for a construction project. The project is now completed and there is money left over. The board has now called a meeting where they are going to consider the …

Q: The board of directors for my condominium association has an ongoing dispute over which board members can put items on the agenda of a board meeting. Can individual board members put items on the agenda of a board meeting? …

Q: What are the requirements regarding keeping minutes for workshops by the board of directors? (L.F., via e-mail)

A: A board “meeting” is generally defined as any “gathering” of a “quorum” of the board members gathered to “conduct association …

Q: A question has arisen in my condominium association regarding what vote is required to change the property. At a recent meeting, 2/3rds voted in favor. However, this was just 2/3rds of the proxies, and not 2/3rds of everybody. Isn’t …

Q: Our condo association, like many others, had to issue an assessment to owners to recover the cost of damages from hurricane Ian. We have issued the notices, and all the owners except one has either made full or partial …

Q: After the developer transfers control of the condominium association to the unit owners, can the association increase the assessments for the common expenses only against the developer owned units to cover the costs of repair for construction defects? (C.D., …

Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how …

Q: My condominium building suffered significant damage from Hurricane Ian, including damage to the exterior of the building and the interior of the units. The association recently said that it will begin making various repairs, including repairs inside the unit. …

Q: My homeowners’ association is required to have an audit every year. This year there is a discussion of skipping the audit. Are there voting guidelines and deadlines on this? (A.G., via e mail)

A: Section 720.303(7) of the …

Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail)

A: Most …