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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% …
Q: I keep seeing the term “quorum” in the materials for my condominium association’s annual meeting. Can you explain what a quorum is? (L.B., via e-mail)
A: “Quorum” refers to the number of “voting interests” that must be present at a members’ meeting, either in person …
Q: Our condominium documents require owners to maintain windows. The board wants to encourage (or even force) owners to install impact glass. Can the board dictate the type of new windows that have to be installed? Also, why does the law require the board to adopt “hurricane shutter specifications” when the modern …
Q: My homeowners’ association requires contractors to be licensed and insured as part of the approval process for architectural review. Are they allowed to do this? (K.L. via e-mail)
A: The Florida Homeowners’ Association Act, found at Chapter 720 of the Florida Statutes, sets forth the …
Q: I live on the first floor of a two-story condominium. My upstairs neighbor’s water heater somehow malfunctioned (I believe the tank burst) and by the time it was discovered, hundreds (maybe thousands) of gallons of water had seeped into my apartment, making quite a mess. I immediately called our management company …
Q: Our condominium association board recently announced a new rule involving the hours our tennis courts are open. The owners were not asked to participate in discussing the new hours or vote on the rule. Was the board correct in making this decision? (V.G. via e-mail)
A: …
Q: I am a new owner in a condominium. The board has asked me for a key to my unit, but I am hesitant to give it to them. Can they require me to provide a key? (M.R., via e-mail)
A: Probably. Section 718.111 …
Q: Our annual meeting and election is coming up and our board has been discussing the relevant procedure. Is it possible for us to go through simpler procedure because we are a smaller condominium association? (S.W. via e-mail)
A: Possibly, if your association is comprised of …
Q: What must be done with a condominium association’s operating surplus at the end of the year? Is it true that it must be returned to the owners in the form of payment or a credit to next year’s budget or assessment? (J.S. via e-mail)
A: …