Most condominium unit owners may think that limited common elements are those areas outside the condominium unit that are part of the common elements, but which are used only by a specific unit owner. However, the Florida Condominium Act defines …
An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes
Community Associations have an obligation to enforce their governing documents. However, that obligation does not extend to policing, mediating, or resolving disputes between owners, without a corresponding covenant violation. Associations have an obligation to all owners of the community to …
Incidental Damage Clauses
There are times when an association must damage a unit or units in order to maintain or repair the common elements. For example, if repairs must be made to a common element water trunk pipe, an association may have to …
Election Season is Upon Us!
For condominiums and cooperatives there are a few statutory election guideposts that start with the numbers 60, 40, 35 and 14*.
Sixty (60) days prior to your annual meeting election the first notice must be sent to all …
Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them?
One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020. The new law defines and prohibits “discriminatory restrictions” …
Can Political Flags Be Flown?
Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags. Is it legal to fly a political flag on a home located in a homeowners association? I.B. …
Phony Parking Violation Letters in Condominiums
Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for …
Homeowners’ Association Documents Should Discuss Amendment
Q: My homeowners’ association is considering amendments to its governing documents. A question has come up concerning what membership vote is required to amend the documents. Can you please advise? (G.R., via e-mail)
A: There is …
Board Members Cannot Vote by Proxy
Q: My condominium association has been questioning when owners and board members can vote by proxy and the differences between a general and limited proxy. Can you explain when proxies can and should be used by either board members …
Boards of Directors Can Hold Closed Meetings for Certain Purposes
Q: When can a condominium board of directors hold a meeting which is closed to the owners? (P.C., via e-mail)
A: Pursuant to Section 718.112(2)(c) of the Florida Condominium Act, meetings of the board of administration …