Relatives Can Serve on Board Together
Q: Where do I find in the statutes about relatives being on the board? I was told that if you are a relative, you cannot be on the board at the same time. Is that true? If so, what level …
Tree Root Damage, Who is Responsible?
Q: I live in a gated homeowners’ association. Roots from a tree planted on the common area has damaged my driveway. Who is responsible for the repair? (J.K., via e-mail)
A:Probably you.
There are two theories which have been …
Directors Can’t Vote by Proxy
Q: If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue? Can another board member submit their written vote at the board meeting? …
Death of Candidate Does Not Require New Election
Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before …
Frequency of Board Meetings Not Set by Law
Q: The board of my homeowners’ association has decided to meet only quarterly. Is this legal? I thought that by law the Board needed to meet ten times per year. (S.B., via e-mail)
A: Section 720.303(2) (a) of the …
“Should Extra Ballots be Counted?,” Naples Daily News
Q: My condominium association recently held its annual meeting and the election was quite close. Only one vote separated the candidates for the last open director position. The candidate that lost the election by one vote requested to review all the …
Terms and Term Limits Different
Q: Could you please tell me when the State passed legislation to require HOA’s to record its rules and regulations? (T.D., via e-mail)
A: As of July 1, 2018, homeowners’ associations are required to record amendments to their rules and regulations. …
Terms and Term Limits Different
Q: I have a question in regards to condominium board member term of office and elections. Due to the new law that started in 2018, do the board members automatically stay on the board if they choose to for up to …
50/50 Games Not Permitted
Q: My condominium association uses 50/50 raffles to raise funds for our committees. With the holidays around the corner and funding efforts in full effect, we are concerned about recent comments from some owners about this being illegal. Are 50/50 …
Can a Recalled Director Run Again?
Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been “recalled” (removed by a member vote) can run again for the …
Only Directors Can Vote
Q: If our secretary steps down, we will only have 4 directors. How do we break a tie when voting on upcoming issues? (S.K., via e-mail) …
Services Not Required for ‘55 and Over’ Communities
Q: Some in our homeowners’ association argue we need not offer any amenities like a swimming pool, tennis court, bocce ball, bingo, community dinners, etc., in order to maintain our “55 and over” status. Others say we must have all …