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Legislature Limits HOA Rental Amendments

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Q: Is a homeowners’ association permitted to adopt amendments changing the leasing rights of owners in the community? I was recently told that the statute was changed, and rental restriction amendments are no longer permitted. Is this correct? (W.K., …

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Association Borrowing Questioned

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Q: The board of directors of my condominium association has been discussing taking out a loan to pay for major repairs to our condominium building. To my knowledge, our association has never borrowed money before. It seems to me …

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Insurance Proceeds Should Be Bonded

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Q: My condominium association is in the process of renewing its insurance policies and our insurance agent advised that we needed a fidelity bond policy with a higher limit for the coming year because of the insurance proceeds the …

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Boards Cannot Vote By E-Mail

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Q: Can the board of an association conduct business by e-mail vote between meetings, and then ratify the votes at the next board meeting? (A.Z., via e-mail)

A: No.

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2023 Legislative Review Part 4

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This week we conclude our review of relevant legislation from the 2023 Legislative Session. Previously we reviewed the bills that directly impact community associations through amendments to the community association’s statutes, including Chapter 718, the Florida Condominium Act and Chapter …

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2023 Legislative Review Part 3

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This week we continue our review of the legislative changes concerning community associations. In our last column, we were reviewing the changes to Chapter 720, Florida Statutes in HB 919, the Homeowners’ Association Bill of Rights. In this column, we …

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2023 Legislative Review Part 2

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In continuing with our overview of the legislative changes from the 2023 legislative session which impact community associations, this week’s column will review HB 919, titled as the “Homeowners’ Association Bill of Rights.” HB 919 was approved by the Governor …

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2023 Legislative Review Part 1

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This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing …

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Electronic Meetings and Voting Explained

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Q: Can members of a condominium association vote electronically/remotely and can they be given their notices by e-mail? (K.R., via e-mail)

A. Yes.

As these terms are often confused, there are several distinct procedures …

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Board Eligibility Set By Documents

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Q: Can a spouse of a unit owner, who is not a co-owner of the condominium unit, serve on the board of directors for a condominium association (P.H., via e-mail)?

A: It depends on the provisions …

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Board Asks What It Can Do About Late Payments

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Q: We have a condominium unit owner who has not paid dues in over a year. We would like to suspend their legal rights until they are paid up. May we do this? (M.L., via e-mail)

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Reserve and Inspection Laws Changed

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Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor:

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