Q: In the past you have written articles concerning the term limits provision added to the Condominium Act. I was wondering if there have been any updates on that issue and how the term limits now apply to current board …
Board Decides How to Present Amendments
Q: My condominium association recently voted on several amendments to the condominium documents. They presented the amendments as one vote, either in favor of all of the changes or against all of the changes. Is this permissible? Shouldn’t we …
Complaint Letters Must Be Produced
Q: I recently sent a letter to the board of my condominium association criticizing the condition of the landscaping at our condominium. I recently found out that the chairperson of the landscaping committee requested a copy of my letter, and …
Can Gate Use Be Suspended?
Q: We live in a gated community. Recently, the board has begun voting at its meetings to suspend the automatic gate access of owners who are delinquent in their assessments. While I support aggressive collection efforts by the association, …
Heron at Destin West Beach & Bay Resort Condominium Association, Inc v. Osprey at Destin West Beach and Bay Resort Condominium Association, Inc.
Hierarchy amongst documents which govern a community association is at the heart of THIS CASE. The primary dispute which ignited this litigation concerned how the president would be chosen for the master association board of directors. The master association board …
More on the Installation of Security Cameras
The installation of a security camera on condominium common elements is considered a material alteration or substantial addition to the common elements. In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined “material …
Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes
In general, a community association is responsible for operating and maintaining the common areas of the community (in the case of homeowners’ associations), and the common elements (in the case of condominium associations). If there are trees located on these …
Can You Have Rules Dealing With Children?
In 1988, Congress added “familial status” – defined as including those family groups with children under 18 – to the list of protected groups under the Fair Housing Act. Since that time, condominium and homeowner associations have been discovering that …
Are Fines for Speeding Legal?
Q: My community has set up various speed monitoring devices along the most travelled road. The board is now fining residents for speeding violations. Is this legal? What is the process for imposing a fine and can these fines result in …
Fireworks Spark HOA Controversy
Q: While current Florida law permits the use of fireworks 3 days a year, what, if anything, can an HOA do to restrict residents setting off fireworks within their community? In addition to the disruption of neighbors and the effect on …