Q & A

Q: What is “ADR?” Our condominium association is currently involved in a legal dispute and has been told we “have to go through ADR” before we can go to court.” (J.D., via e-mail)

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Q: Can you provide clarification on what constitutes a “quorum” of condominium unit owners. We sometimes struggle to distinguish between a majority of owners and a quorum. Could you explain how voting interests relate to quorum requirements? (J.D., via e-mail) …

Q: What constitutes a conflict of interest for a board member in their role of representing and making decisions on behalf of the condominium association? (S.W., via e-mail)

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I am on the board of a 54 home HOA. One of the owners has basically all plants in his front yard. That has been that way since I moved into the community 14 years ago. I don’t believe …

Q: During our recent condominium association board meeting, we received questions about how the number of board members impacts our effectiveness. Is having an odd number of members important to avoid tie votes? And, does having an even number, …

Q:  What is the penalty, if any, for a Florida condo association that refuses to adopt hurricane protection specifications? We have none and there is no interest in doing so.  Seems to fall into “they won’t find out about …

Q: What are the powers and duties of a condominium association in Florida regarding unit repair and reconstruction to treat mold after a hurricane? (L.N., via e-mail)

A: Like many legal issues, “it depends.” Mold has …

Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, …

Q: At the recent annual meeting of our condominium association, the president asked at the end of the meeting if there was any “new business.” I raised my hand and made a motion to appoint a committee to audit …

Q: My condominium association board recently implemented a “no-smoking” policy after receiving numerous complaints about second-hand smoke. Several residents continue to smoke in their unit and on their balcony, insisting they have the right to do so in their …

Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail)

A: The federal …

Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when …