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Category – Q&A (Question and Answer)
Q: My condominium association states that under Florida Statute 718.112 they can charge a fee when someone is buying a condominium of $100.00 per applicant. They call it a transfer fee, yet in reading the statute one cannot charge husband/wife and par…
Q: Our association levied a special assessment after Hurricane Irma for cleaning up our property and repairing some minor damage to the buildings. The damages were not bad enough to reach our insurance deductible. The board ended up spending quite a bit less than they assessed for, and decided to put the left …
Q: Recently there were discussions by the board of directors of my homeowners’ association regarding the adoption of new rules. It appeared that the board is intending to proceed with adopting rules by a board vote. Doesn’t adoption of new rules require a membership vote? (D.R., via e-mail)
A: …
Q: My condominium association recently voted on proposed amendments to our documents. The amendments did not pass and now the board is stating they plan on scheduling a new vote on the amendments again. Can they do this? Doesn’t the Association have to wait some period of time before there is a new …
Q: I recently agreed to serve on the board of my condominium association. There is one owner who comes to many of the board meetings and sits in the front row with his phone device pointed at the head table. I assume he is recording the meetings, which I understand he has the …
Q: I recently asked to inspect the financial records of my homeowners’ association. As part of that inspection I discovered that the association has not had an audit for at least the last seven years. When questioned, the treasurer stated that the association does not have to perform audits. Doesn’t every association have …
Q: Lee County has information for homeowners’ association leaders. Professional property managers and residential community associations can now take steps to protect their communities in the event of a hurricane or other declared major disaster in Lee County.
FEMA regulations require that private or gated communities have a current …
Q: My homeowners’ association is currently under developer control. Does a developer-controlled homeowners’ association have to hold open and noticed board meetings? (B.P., via e-mail)
A: Yes. Section 720.303(2) of the Florida Homeowners’ Association Act contains the legal requirements for board meetings. The statue requires that notice of …
In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.
The obvious immediate question was whether this law would be applied retroactively (reach back to prior years of service to determine if a director …
Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA board if they can come up with a storm shutter policy under Florida Statute 718.113. The board replied that the HOA is not a condo HOA, based on the declaration, hence 718.113 does not apply. …
Q: My condominium association board recently said it is considering replacing all of the roofs on our buildings and taking out a big loan pay for it. Don’t unit owners have to vote on this? (M.M, via e-mail)
A: The Florida Condominium Act does not specifically address the …
Q: There has been confusion in my homeowners’ association regarding the vote required to approve amendments. We understand that the law states that the quorum for a members’ meeting cannot exceed 30% of the membership. However, our documents state that two-thirds of all owners must vote to approve amendments to our declaration. Is …