Meeting Motion Starts Fireworks
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 …
Smoking Ban Raises Questions
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 …
“55 and Over” Housing Explained
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 …
“Single Family” Use Restriction Questioned
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 …
Fining Notice Procedures Questioned
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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Corporate Transparency Act Explained
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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State Regulation of HOA’s Limited
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 …
Remote Meeting Procedures Questioned
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 …
Board Vacancy Raises Questions
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. …
Abandoned Properties Regulated By Statute
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 …
HOA Rulemaking Procedures Questioned
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? …
Condo Director Term Limits Questioned
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. …