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By Joseph Adams
Posted on 
Q: I live in a community that includes a mandatory golf club membership. The restaurant/lounge has been underperforming. The board recently imposed a minimum food and beverage purchase requirement for all members. Is this legal? …
By David G. Muller
Posted on 
Q: I live in a condominium that does not allow pets of any kind, and never has allowed them. One of the reasons I purchased a unit in this condominium is because I don’t like pets and I don’t want to be around them. Last year my condo board allowed a new owner, who is …
By Donna DiMaggio Berger
Posted on 
There are many advantages to living in a multifamily condo or coop building in South Florida: great views, enviable locations and abundant amenities. However, there is always the possibility of water leaks. …
By Joseph Adams
Posted on 
Q: Where do I find in the statutes about relatives being on the board? I was told that if you are a relative, you cannot be on the board at the same time. Is that true? If so, what level of blood relation does it go to? (J.C., via e-mail) …
By Joseph Adams
Posted on 
Q: I live in a gated homeowners’ association. Roots from a tree planted on the common area has damaged my driveway. Who is responsible for the repair? (J.K., via e-mail)
A:Probably you.
There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage …
By Joseph Adams
Posted on 
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? (J.T., via e-mail)
A: No. Section 720.303(2)(c)3 of the Florida Homeowners’ Association Act specifically …
By Joseph Adams
Posted on 
Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before the election. At the annual meeting, the remaining four members of the board were re-elected. …
By Donna DiMaggio Berger
Posted on 
In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.
The genesis for these association website suits may lie with the holding in the recent Domino’s Pizza v. Robles case. That case was originally brought by a …
By Joseph Adams
Posted on 
Q: The board of my homeowners’ association has decided to meet only quarterly. Is this legal? I thought that by law the Board needed to meet ten times per year. (S.B., via e-mail)
A: Section 720.303(2) (a) of the Florida Homeowner’s Association Act states that a meeting of the board occurs “whenever a quorum …
By David G. Muller
Posted on 
Q: My condominium association recently held its annual meeting and the election was quite close. Only one vote separated the candidates for the last open director position. The candidate that lost the election by one vote requested to review all the election materials, including the ballots. He determined that three election ballots, all with votes cast …
Becker, with headquarters in Fort Lauderdale, FL., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast.
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