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Category – Q&A (Question and Answer)
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 …
Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail)
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Q: We recently received an e-mail from our management company regarding the filing requirements of the Corporate Transparency Act. This is the first I’ve ever heard of it. Can you explain what this is? (M.M., via e-mail)
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Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail)
A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is …
Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried …
Q: A member of our condominium association board recently resigned, unexpectedly, part way through the first year of their two-year term. According to our bylaws, a board member appointed to fill a vacancy serves until the next scheduled election. …
Q: What rights does a condominium association have when dealing with an abandoned unit, and under what circumstances can it go into the unit? (K.Y., via e-mail)
A: Section 718.111(5)(b) of the Florida Condominium Act provides that even …
Q: Recently, the board of our homeowners’ association amended the community rules without filing the updated document with the county clerk. They only noted the change on our website. Can the board enforce a rule change that wasn’t officially recorded? …
Q: Our condominium association hasn’t held elections for many years due to a lack of more applicants than available board seats. We are considering amending how we handle board terms and adding term limits at the next annual meeting. …
Q: Do the new requirements for associations under Chapters 718 and 720 mandate that their websites must have public-facing pages, or is it sufficient for these websites to only have a password-protected area for members to access the required …
Q: I recently reviewed communications from our condominium management regarding penalties for unit owners who fail to pay their maintenance fees. I find the penalties to be insignificant and ineffective. I am frustrated that those who don’t pay their …
Q: Can an owner of a condominium association exercise free speech to protest issues with their condominium association? (J.D., via e-mail)
A: That is a complicated legal question. The First Amendment to the United States Constitution …
