Hurricane Shutter Policies Raise Questions
Q: Can hurricane shutters remain closed when a home is unoccupied throughout the summer, even when there is not an active threat of a storm? (D.F., via e-mail)
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Governor Signs COVID-19 Immunity Bill
Most readers of this column know that each year, over the summer, we typically review the year’s legislative applicable to community associations. While I will do so, and there is some significant legislation that appears poised to pass, a recently enacted law dealing with COVID-19 liability is worthy of discussion now.
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Community Association Q&A: Are Videos Official Records?
Q: My condominium association has installed several security cameras in the common areas, including the pool area. There was an incident between myself and another owner last week at the pool and I requested a copy of the security camera video footage. I submitted my request to the manager in writing, but the manager has …
HOA Election Procedures Explained
Q: What is the accepted practice that my homeowners’ association should follow for opening and counting secret ballots used to elect the board? (J.D., via e-mail)
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Board Workshop Meeting Subject to Sunshine Rule
Q: What are the requirements for a condominium association board to hold a “workshop” meeting? Is the association still required to post notice if there is a quorum of the directors present? What if there is not a quorum present? Are minutes required? (M.M., via e-mail)
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Delinquent Owners Can’t Serve on Board
Q: Our condominium association’s bylaws provide that for an owner to be qualified to serve on the board, he or she cannot be delinquent more than 30 days. Our manager says the state statute says 90 days and supersedes our bylaws. Do our bylaws or the statute control? (R.G., via e-mail)
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Condominium Unit Combination Raises Concerns
Q: The board of directors for my condominium association recently approved allowing an owner to remove the wall separating two adjacent units and to reconfigure the two units into one. Doesn’t this change the number of units in the condominium, thus, affecting everyone’s rights including what percentage of assessments we pay? (G.F., via e-mail)
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Community Association Q&A: Improper Closed Board Meeting?
Q: My entire condominium board met in a closed session to conduct an annual review for the employees? I requested the right to attend these reviews as I wanted to speak favorably on behalf of one of the employees. My request was denied. Did I have the legal right to attend? D.T.
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Lowest Bidder Need Not Be Hired
Q: My homeowners’ association recently put out bids for repaving of our roads and hired the lowest bidder. Is this legal? (J.M., via e-mail)
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Single Director Can’t Set Agenda
Q: Can any board member place items on the meeting agenda? (C.B., via e-mail)
A: This is one of those “chicken and egg” issues that has no clear answer. The statutes do not address it. Very few bylaws I have read address the issue. The bylaws I draft for clients typically allow a …
Owner Social Media Page Raises Questions
Q: Our homeowners’ association has a new board that is currently working on the transition from the builder. Residents have become quite vocal, and complaints are numerous about general association matters and other residents. A resident set up a social page open to members of the community, which has become predominantly a method for …
