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Category – Q&A (Question and Answer)
Q: My condominium association board voted to close the swimming pool in late March due to the COVID-19 threat. A few days later Governor DeSantis signed the “Stay at Home” Order and specifically defined “swimming” as an essential activity. Does this mean that my condominium’s swimming pool closure is overturned by the Governor’s …
Q: Does our condominium association qualify for any federal aid due to the COVID-19 pandemic?
A: This is one of the many issues where there is no clear answer and I hear diametrically opposed opinions from people whom I consider to be well-versed in legal matters pertaining to community associations. …
Q: If someone in our community has been diagnosed with the virus, can we send out his or her name so that people know to be careful?
A: We are in uncharted waters and there is no one size fits all answer. In my opinion, for example in …
On March 9, 2020, Florida Governor Ron DeSantis, declared a state of emergency in response to confirmed COVID-19 cases in Florida. On March 13, 2020, U.S. President Donald Trump, declared a national emergency. Numerous units of state and local government around the nation have enacted similar proclamations and have implemented a variety of different …
Q: If we are aware of a confirmed COVID-19 infection in our community, are we obligated to report it to the Health Department?
A: No, under Section 338.0031 of the Florida Statutes, only specified entities are required to report infectious diseases. Community associations are not on that list.
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The World Health Organization has declared the Coronavirus a pandemic. States of emergency have been declared at the federal, state and many local levels.
Not surprisingly, we are being asked what steps associations can and can’t (and should and shouldn’t) take. All of the association statutes in Florida contain an “emergency powers” …
Q: At our annual HOA meeting, the persons who were voted in by the board for the treasurer and secretary resigned after accepting the position that very night. Can the board fill the vacancies without an election? Is there a limited timeframe to fill the names of these vacant positions? I am also …
Q: Can a homeowners’ association set speed limits that are below county limits? If so, how can they enforce these regulations? (T.H., via e-mail)
A: In general, yes. Most governing documents grant the board of directors the authority to make rules regarding the use of common areas. Rules of a …
Q: Could you please clarify the purpose of a proxy at a condominium association meeting? (M.G., via e-mail).
A: A proxy is a document that allows an owner to designate another person to attend a meeting and to vote on the owner’s behalf.
There are two types of …
Q: Our condominium documents do not permit renters to have pets. A new short-term renter in my building has a dog. When I asked the management company, I was shown a certificate for an “emotional support animal” that can be purchased online. It is my understanding that “emotional support animals” can only break …
Q: As a condominium unit owner, am I entitled to any representation from the condominium association’s hired lawyer? (R.R., via e-mail)
A: Generally speaking, no.
While a unit owner may rightfully feel that he or she “pays” for the association’s attorney, the attorney represents the corporation as an …
Q: Two owners in my condominium building had their air conditioner units moved to the roof of the building. Is this allowed? The association has not had the units moved back. Don’t we need to vote to change our common elements? (E.H., via e-mail) …