Non-Vote Can Be A “No” Vote
Q: I am on the board for our condominium complex. Many owners have requested getting lights for our swimming pool so that they may use it longer in the winter months. We have the funds for this and …
Quorum Needed to Conduct Association Business
Q: I keep seeing the term “quorum” in the materials for my condominium association’s annual meeting. Can you explain what a quorum is? (L.B., via e-mail)
A: “Quorum” refers to the number …
Board Must Allow Hurricane Shutters
Q: Our condominium documents require owners to maintain windows. The board wants to encourage (or even force) owners to install impact glass. Can the board dictate the type of new windows that have to be installed? Also, why …
Requiring Licensed Contractors is Valid
Q: My homeowners’ association requires contractors to be licensed and insured as part of the approval process for architectural review. Are they allowed to do this? (K.L. via e-mail)
A: The Florida …
Water Leak Confounds Condo Owner
Q: I live on the first floor of a two-story condominium. My upstairs neighbor’s water heater somehow malfunctioned (I believe the tank burst) and by the time it was discovered, hundreds (maybe thousands) of gallons of water had …
Vote Usually Not Required for Board-Made Rule
Q: Our condominium association board recently announced a new rule involving the hours our tennis courts are open. The owners were not asked to participate in discussing the new hours or vote on the rule. Was the board …
Condominium Associations can Require Unit Owners’ Keys
Q: I am a new owner in a condominium. The board has asked me for a key to my unit, but I am hesitant to give it to them. Can they require me to provide a key? ( …
Delinquent Board Members May be Required to Leave Positions
Q: Our annual meeting and election is coming up and our board has been discussing the relevant procedure. Is it possible for us to go through simpler procedure because we are a smaller condominium association? (S.W. via …
Year End Surplus Treatment in Board’s Hands
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 …
Bylaws Generally Provide for Notice Requirements
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 …
Special Assessments May Provide Insured Cash Flow After Storm
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 …
Associations Have Their Own “Sunshine” Laws
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 …