Q & A

Q: Now that we are no longer under the COVID state of emergency in Florida, can a homeowners’ association hold “Zoom only” board meetings or are they required to have an announced meeting venue where owners can attend in person? (C.J., via e-mail)

A: While your question is simple enough, the …

Q: Is a condominium association permitted to pay the members of the board of directors? Board members spend a lot of time and energy in a thankless job. It only seems fair that they should get some benefit for all the effort. (M.S., via e-mail)

A: Section 718.112(2)(a)1 of the Florida …

Q: Can the president of a condominium association also be an owner of the property management company that represents the association or is that a conflict of interest? (K.R., via e-mail)

A: The facts you describe create a rebuttable presumption of a conflict of interest, because the president of the association, who is presumably …

Q: I understand that the Florida Homeowners’ Association Act states that if a request to inspect records is sent by certified mail and the association fails to make their records available within 10 business days, the statute imposes a rebuttable presumption that the association willfully failed to comply with the owner’s right to inspect. …

Q:  I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we compensate the members of the board as a way to encourage people to serve? (T.B. …

Q: Our condominium board president has filled vacancies with “snowbirds” that are not here for most of the year. Does Florida law require their attendance at regular board meetings? Are there any requirements for attending a minimum number of board meetings or being removed for missing meetings? (G.K., via e-mail)

A:  As an initial …

Q: How can a homeowners’ association regulate owners renting out their houses to short term guests?  If the association were to enforce with a penalty, how can it collect on it? (E.H., via e-mail)

A: The place to start is knowing what your governing documents and local laws say about the subject. For example, …

Q:  I recently lost the election at my condominium by a few votes.  Although my name was on the ballot, my resume was not included with the ballot mailout.  Doesn’t this require the association to have another election? T.V.

A:      If you timely submitted your candidate information sheet, and you can provide that you …

Q: Our manager recently told the board that there has been a change with “bank requests” and said the board needed to address it. I did not understand what that means or what the changes are. Could you please explain? (A.M., via e-mail)

A: Needless to say, as a result of …

Q: I own a condominium with only 15 units in our association. The declaration for the condominium has never been updated and currently requires a vote of 75% of the all unit owners to change. Because four owners can veto any amendment, nothing can pass. Is there any way around this? Does Florida law …

Q: I found out my HOA fee went up almost 40 percent without any notice. I want to know why and if it went up for everyone. Can I request more information because I didn’t receive anything? (M.P., via e-mail)

A: Board budget meetings in a homeowners’ association require posted notice, which must state …

Q: In the past you have written articles concerning the term limits provision added to the Condominium Act. I was wondering if there have been any updates on that issue and how the term limits now apply to current board members? (V.R., via e-mail)

A: Since the Legislature originally amended the Florida Condominium Act …