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Category – Q&A (Question and Answer)
Question: Our association tried to fine an owner who violated our rules, but decided the process was too complicated. Can you provide a step-by-step outline of how fines are issued and collected? (M.G. by e-mail)
Answer: Fines can be imposed against condominium and cooperative unit owners, occupants, licensees and …
Question: Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures that must be followed? Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members? (R.L. by …
Question: I am the President of my condominium association. I just found out that the association was sued by a disgruntled owner. Unfortunately, I just recently learned that the association has been “defaulted” in the lawsuit because we failed to answer the lawsuit by the deadline. Apparently the process server served a member …
Question: I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community? And does it really work? A.A. via e-mail
Answer: You heard correctly. During the 2015 Legislative Session, …
Question: In a recent column, you said that an owner wanting to inspect association records has to make a written request. Does a request by e-mail satisfy the law? (B.H. by e-mail)
Answer: While the Florida Condominium, Cooperative, and Homeowners’ Association Acts all require that owners submit “written” requests …
Question: I am one of five directors on my homeowners’ association’s board. After this year’s annual meeting, we elected new officers. The person voted in as president says that he can make any decision he chooses, and does not need a vote from the board. For example, he has said that he can …
Question: Every year our homeowners’ association’s board appoints an “election committee.” The committee makes sure that the meeting notices are sent out, and otherwise runs the election, including counting the ballots. This year, the chairperson of the committee announced immediately before the final self-nomination deadline that he intended to run for the board, …
Question: Our association has a “no pet” policy, going back to the developer’s original bylaws. The board has generally enforced it, but has let a few elderly owners keep “indoor cats,” since they really do not bother anyone. My neighbor recently purchased a large dog which barks constantly, keeping me awake at night. …
Question: Our annual budget is always over $500,000 and requires a year-end audit unless waived by the owners, which I understand cannot be done more than three consecutive years. Is there a penalty and what could happen if the association obtains owner approval to waive the audit for more than three consecutive years? …
Question: Recently, our association’s president resigned and took a job with our management company at another complex. While our office manager was on vacation this former president was in her office for a few hours. If he resigned doesn’t he have to turn in his key to the office. He has no business …
Question: The bylaws of our condominium association specify that the board of Directors shall be comprised of not less than five nor more than seven members. Six members filed their applications for candidacy by the required deadline (40 days before the annual meeting). One of the members subsequently sent an email requesting that …
Question: Our condominium association has been trying to amend our condominium documents since the developer sold out 10 years ago. The documents require 75% of all unit owners for amendment. This has failed several times, primarily due to voter apathy. Is there anything the board can do to amend the documents? (R.M. by …