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Category – Q&A (Question and Answer)
Q: What must be done with a condominium association’s operating surplus at the end of the year? Is it true that it must be returned to the owners in the form of payment or a credit to next year’s budget or assessment? (J.S. via e-mail)
A: …
Q: I am a board member of an HOA. Our documents provide that U.S. Mail is the only acceptable means of providing notice to owners. I thought email was recently approved by the legislature as an acceptable means to send notice. Can we provide notice by e-mail? (B.D. via …
Two weeks ago today, Hurricane Irma tore through in Southwest Florida. All things considered, it could have certainly been much worse. However, it was as bad as it gets for those who lost their lives, and some communities suffered relatively substantial property damage. So, over the next several weeks, this column will focus on …
Question: I live in a condominium and have heard that The “Sunshine” Law will allow me to speak at an upcoming board meeting. How does this work? (J.B. via e-mail)
Answer: Florida’s Government–in-the-Sunshine Law sets forth certain requirements for public records and open meeting laws pertaining …
Question:
I recently received a package from my condominium association about a meeting that is taking place next week where the owners have to vote to allow the board to change our tennis courts to pickleball courts. There was a proxy included in the package. Can you explain the difference …
Question: I recently read one of your prior columns discussing the process for a condominium association to impose a special assessment and you stated that once an assessment has been levied, the Association should send out a notice to the owners setting forth the specific purpose of the special assessment and the …
Question: My homeowners’ association board of directors sent out a new set of guidelines that they intend to adopt. There are a number of provisions that limit what an owner may do with their private property. For example, it states that while fences are permitted, they may only be privacy fences constructed …
Question: Your recent column regarding the new laws stated that associations with websites must post their “estoppel certificate” information on the website. If the association currently has a website available to its members only, does it need to be expanded to allow outsiders to obtain estoppel information? If so, what information is …
Question: I read your recent column regarding the new Florida statutes. I am the manager of a homeowners’ association. The maintenance man and I each have a debit card in the association’s name for purchases of materials, emergency repairs, and the like. Under the new legislation, would we be allowed to continue …
Question: I recently purchased a condominium unit and was given a copy of the condominium documents. The documents I was given are over 40 years old. When I asked the association about this, I was told that the documents had never been updated. Don’t condominium documents have to be updated from time …
Question: I live in a condominium and recently sent a letter to the manager complaining about the occupants of a neighboring unit. When the owner of the unit found out that someone complained, they asked for a copy of the letter. The manager gave them my letter. I feel that this is …
Question: I am a military veteran. Over Memorial Day weekend, I displayed my American flag outside my home. I intend to display the same flag for the Fourth of July. I recently received a letter from my homeowners’ association stating that I cannot display my flag until I submit an application to …