Q: Can the members of our board of directors receive a holiday bonus? (G.M, via e-mail)
A: Not to be the “grinch,” but this is generally not a good idea and is usually not legally permissible. …
Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant
By Jennifer Horan
Posted on 
Short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions.
“With Airbnb and those platforms becoming such a huge percentage of rentals,” says Jennifer Horan, a shareholder in the Naples, Fla., office of Becker & Poliakoff, …
Records Inspection Rights Explained
By Joseph Adams
Posted on 
Q: I asked my association’s manager for a copy of our community pool’s permit and was told to go get it from the Florida Department of Health myself. Is our manager required to provide a permit like this to the owners when asked for a copy? (B.B., via e-mail) …
Is It a Limited Common Element?
By Michael O. Dermody
Posted on 
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 “limited common elements” as “those common elements which are reserved for the use of …
An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes
By Robyn Severs
Posted on 
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 do what is in the best interest of all owners, not just the select …
Incidental Damage Clauses
By Yeline Goin
Posted on 
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 access the pipe by tearing though some portion of a unit wall. This type …
’Material Alteration’ Voting Explained
By Joseph Adams
Posted on 
Q: How can a condominium “material change” be approved? Who approves it, the board or the property owners? If several items are being altered, must each item be listed separately or can it be a single vote lumped together as one? (A.J., via e-mail)
…
Can One Section Ban Rentals?
By David G. Muller
Posted on 
Q: I live in a condominium and there are several disruptive annual renters. There are six different sections but only one board. Each section is governed by their own declaration of condominium. Can one section approve an amendment to their declaration banning rentals even while other sections still allow rentals? G.P. …
Night Swimming Governed By State Codes
By Joseph Adams
Posted on 
Q: Our homeowners’ association pool is only open from “dawn to dusk.” With the time change, it gets dark early. Residents who work are not able to use the pool during the week. Can the board change the pool hours or is “dawn to dusk” mandated by the state? (L.T., via e-mail)
A: …
Board Members Can’t Vote By Proxy
By Joseph Adams
Posted on Q: I have an HOA question about board members voting by proxy. I believe that they cannot submit their own personal vote via proxy, but are they allowed to simply collect unlimited proxies? The board members collect and give the proxies to one board member to distribute. Is this legal? (E.L., via e-mail) …
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