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Q: My homeowners’ association is currently under developer control. Does a developer-controlled homeowners’ association have to hold open and noticed board meetings? (B.P., via e-mail)
A: Yes. Section 720.303(2) of the Florida Homeowners’ Association Act contains the legal requirements for board meetings. The statue requires that notice of …
In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.
The obvious immediate question was whether this law would be applied retroactively (reach back to prior years of service to determine if a director …
Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA board if they can come up with a storm shutter policy under Florida Statute 718.113. The board replied that the HOA is not a condo HOA, based on the declaration, hence 718.113 does not apply. …
Q: My condominium association board recently said it is considering replacing all of the roofs on our buildings and taking out a big loan pay for it. Don’t unit owners have to vote on this? (M.M, via e-mail)
A: The Florida Condominium Act does not specifically address the …
Q: There has been confusion in my homeowners’ association regarding the vote required to approve amendments. We understand that the law states that the quorum for a members’ meeting cannot exceed 30% of the membership. However, our documents state that two-thirds of all owners must vote to approve amendments to our declaration. Is …
Q: After the unit owners in a condominium association vote to approve an amendment, is there a time limit or deadline by which the amendment must be recorded with the county? (M.A. via e-mail)
A: Chapter 718 of the Florida Statutes, known as the Florida Condominium Act, extensively …
Q: The board of my homeowners’ association wants to hire a management company. They say it is too much work. We are a small development with very little common property, and we have always been self-managed. A number of us feel that if the board is going to saddle us with this extra …
Q: My community has both single-family homes and townhouses. A question has arisen as to whether the laws that govern condominium associations or homeowners’ associations apply. Can you clarify this for us? (B.K., via e-mail)
A: The answer would depend on the language of the governing documents for …
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities. The Firm focuses a substantial amount of its practice on condominium and homeowners association law. …
Q: You recently published an article stating that the names of fellow unit owners are a public record. Is the rule the same for timeshare condominium associations?
A: No. When it comes to providing the names (and other information) of owners of a timeshare, the “rules” are different. …
Q: We have a few people who “vape” at the swimming pool at our condominium. I complained to one of them once as the fumes were blowing in my direction. They pointed to the “No Smoking” sign posted at the pool and said “there’s no rule against this.” What do you think? (K.G. …
Q: The board of directors of my homeowners’ association is considering a bulk contract for cable television and internet service for our community. The association has never previously provided cable or internet service to the residents. If the contract is signed, all of the owners would be forced to pay for the service …