Refund Rights Run with Title
Q: My condominium association board assessed seven thousand dollars per unit right after the Hurricane Ian in 2022, which I paid. The board has now decided they do not need the funds and have voted to return them to …
Roofing Changes Usually Require Member Vote
Q: Our condominium association is thinking about changing roofing materials. Our bylaws say that a majority of the unit owners who participate in a meeting can decide any issue, “unless a specific voting percentage is stipulated in the declaration, …
Neighbor Cries “Fowl” Over Chicken Ban
Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, …
“Estoppel Certificates” and Other Disclosures Explained
Q: I am in the process of selling my condominium unit and recently come across the term “estoppel certificate,” but I’m not quite sure what it means. Could you provide an explanation on exactly what kind of information is …
Director Disqualifications Are Limited
Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t …
Candidates May Vote For Themselves
Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to …
HOA “3 Minute Rule” Questioned
Q: Our homeowners’ association board only lets residents speak at board meetings after taking a vote. They can only speak for 3 minutes in total. My understanding is that the residents should be able to speak before the vote, and …
Owner Questions Board’s Contracting Authority
Q: Recently, my condominium association authorized a major construction project. The contract for the work is several million dollars in value. The board of directors voted to move forward with their preferred contractor and authorize the president to sign. Isn’t …
Term Limit Law Still 2 Years Away
Q: My condominium association will be having its annual meeting soon, which will include an election for members to the board of directors. Some of our board members have served for numerous years, and I understood that there are now term …
Association ‘Sunshine Laws’ Questioned
Q: I was recently elected to the board of my condominium association. I thought we had to follow Florida’s sunshine laws, but our long-time president said this is not true. She claims we can meet whenever we want as long …
Statute Of Limitations Apply to Associations
Q: My homeowners’ association recently sent me a notice stating that I had to remove a number of tree stumps in my back yard. The stumps are from trees that were removed following Hurricane Irma. Nothing has changed since those …
Can Spouse Serve on Board
Q: My wife and I live in a condominium unit in Florida. The unit is owned by my wife, in her name only. However, I would like to run for the board of directors. Does Florida law state that a …