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Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the …
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 …
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 …
Q: What is the maximum fine an association can impose on an owner for a rule violation? (H.H., via e-mail)
A: It depends. Condominium and cooperative fines are capped at $100.00 per day, and further capped at $1,000.00 …
Q: Does Florida do unannounced audits of condominium or homeowners’ associations to see if they are conforming to the relevant statutes? For example, some of our board members don’t want bids for a contract even though it is required …
Q: At our annual HOA meeting, the persons who were voted in by the board for the treasurer and secretary resigned after accepting the position that very night. Can the board fill the vacancies without an election? Is there …
A vacancy requires two or more eligible candidates. If not enough eligible candidates give notice of their intent to run, then an election is not required. Since write-in candidates and nominations from the floor are not accepted, an association will …
Q: As a condominium unit owner, am I entitled to any representation from the condominium association’s hired lawyer? (R.R., via e-mail)
A: Generally speaking, no.
While a unit owner may rightfully feel that he …
Q: If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue? Can another board member submit their written vote at the board meeting? …
