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Q: I have heard that there is a new law requiring condominium associations to have a website. Is that true? (J.L. via e-mail)
A: Yes, although the law has somewhat limited application. First, it is worthwhile to note that the 2018 Florida Legislature passed …
Q: In a homeowners’ association, can residents request items be added to the agenda for board meetings, or can only directors do this? If so, is there a deadline by which items must be placed on the agenda in order to give residents adequate notice about the items to be discussed? …
Q: Has the law been changed to allow grilling on condominium balconies? (J.S. via e-mail)
Q: I have heard that a condominium board member can be removed from the condominium association board by a process called recall. What causes can be used to justify the recall? (C.Q. via e-mail)
A: Section 718.112(2)(j) of the Florida Condominium Act states that …
Q: Recently my condominium association’s board held interviews with proposed new landscaping companies. All of the board members were present for the meetings. However, there was no notice posted and unit owners were not invited to attend. When questioned, the president of the board said that it was not a board meeting, …
Q: I am on the fining committee of our association. The management company expects us to “rubber stamp” every proposed fine, but that is not always our desire. We would like to correct behavior and are not in it for the money. Sometimes the board levies a fine that we think is …
Q: My association recently sent out the annual meeting notice materials. There is a proxy question which reads: “Should the minimum rental term be increased to 90 days?” There was no other documents or discussion regarding the amendment included in the meeting materials. Is this legal? (J.P. via e-mail)
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Q: Can the board of a condominium association take out a loan to pay for hurricane repairs? (M.D. via e-mail)
A: Yes. In fact, the only place the Florida Condominium Act speaks to an association’s authority to borrow money is in the section setting forth the …
Q: Historically, the unit owners in our condominium are given the opportunity to vote on waiving reserve funding each year. When approved, this resulted in lower assessments. This year, the board adopted a budget with fully-funded reserves and did not give the owners the opportunity to vote to waive. Is this allowed? …
Q: The board of my condominium association is elected for “staggered terms” according to our bylaws. What does this mean? (D.L. via e-mail)
A: The Florida Condominium Act provides that directors’ terms generally expire at the next annual meeting after their election. However, directors may serve …
Q: Our condominium association board imposed a suspension for use of common facilities as a penalty for an owner who had been renting in violation of our condominium documents. I stated that the suspension would require approval of our compliance committee. Our management company representative stated that the board had the authority …
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 the professional drawing for the layout. We are told that we need a 75% …