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By Joseph Adams
Posted on 
Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA board if they can come up with a storm shutter policy under Florida Statute 718.113. The board replied that the HOA is not a condo HOA, based on the declaration, hence 718.113 does not apply. …
By Donna DiMaggio Berger
Posted on 
Raised voices, reddened faces and angry gestures. You might think you are watching a Congressional hearing on C-SPAN, but you are at your community’s board meeting.
The erosion of civility in our society has begun to manifest itself in private residential communities. This comes in many …
By Jeremy Shir
Posted on 
Have you received a letter from your City stating that you are in violation of their Code? It can cause much anxiety, especially as the letter may not be written in a way that makes sense. It probably also mentions that you will start accruing fines and liens will attach to your property unless …
By Joseph Adams
Posted on 
Q: My condominium association board recently said it is considering replacing all of the roofs on our buildings and taking out a big loan pay for it. Don’t unit owners have to vote on this? (M.M, via e-mail)
A: The Florida Condominium Act does not specifically address the …
By Joseph Adams
Posted on 
Q: There has been confusion in my homeowners’ association regarding the vote required to approve amendments. We understand that the law states that the quorum for a members’ meeting cannot exceed 30% of the membership. However, our documents state that two-thirds of all owners must vote to approve amendments to our declaration. Is …
By Shayla Mount
Posted on 
There are two recent cases of which community association boards should be particularly aware of. Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in …
By David G. Muller
Posted on 
Most community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers. This is important when an officer proves to be prone to bad/rude behavior. The board likely has the right to vote to remove this individual as an officer (president, vice president, treasurer, secretary) …
By Robyn Severs
Posted on 
A “material alteration or addition” is one that “palpably or perceptively var[ies] or change[s] the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.” Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. 4th …
By Marty Platts
Posted on 
Continuamos con el tema de animales para apoyo emocional. Como todos ustedes saben, siempre existirán personas que intentan aprovecharse del sistema. Por ejemplo, una persona hace una petición para traer un animal para apoyo emocional y presenta una “nota del médico” o una “receta médica” que dice mi paciente sufre de depresión y …
By Yeline Goin
Posted on 
With the plethora of reality TV shows involving home renovations and real estate searches, your association may be asked to sign an agreement to allow a production company to film your community.
Since most governing documents grant the owners the right of ingress and egress over the common areas for access to …
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