Q: A question has arisen in my condominium association regarding what vote is required to change the property. At a recent meeting, 2/3rds voted in favor. However, this was just 2/3rds of the proxies, and not 2/3rds of everybody. Isn’t …
New Laws Regarding Emotional Support Animals
Howard J. Perl
Posted on 
Nothing evokes more of an “emotional” response than the issue of emotional support animals in a no-pet community. While this is not a new issue, and has been discussed many times in this forum and others, Florida laws affect how …
Borrowing Money
Mark D. Friedman
Posted on 
We have been receiving a number of loan requests. Even though we’ve done articles in this forum regarding association borrowing in the past, there are some issues that keep reoccurring.
Do not start the borrowing process without …
Does Your Association Allow You to Use the Clubhouse for Political Events?
Marty Platts
Posted on 
Florida Statutes allow the Condominium unit owners to use the common elements for the purposes for which the common elements were intended as long as their “use does not hinder or encroach upon the lawful rights of other unit owners.” …
Ian Assessments Not Paid/What Next?
Joseph Adams
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Q: Our condo association, like many others, had to issue an assessment to owners to recover the cost of damages from hurricane Ian. We have issued the notices, and all the owners except one has either made full or partial …
Developer Turnover Obligations Explained
Joseph Adams
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Q: After the developer transfers control of the condominium association to the unit owners, can the association increase the assessments for the common expenses only against the developer owned units to cover the costs of repair for construction defects? (C.D., …
Notice of Board Meeting Must Include Agenda
Joseph Adams
Posted on 
Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how …
Timesavers at Annual/Election Meetings
Howard J. Perl
Posted on 
Proxies and Limited Proxies
In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. It …
Director Elections in HOAs (i.e. Welcome to the Wild, Wild West)
Jennifer Biletnikoff
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An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is …
Lender Questionnaires
Howard J. Perl
Posted on 
Associations and association managers routinely receive what are referred to as lender questionnaires on a regular basis.
A lender questionnaire is usually a request from a bank, lending institution or title company that requests the Association provide information …
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