Q: I found out my HOA fee went up almost 40 percent without any notice. I want to know why and if it went up for everyone. Can I request more information because I didn’t receive anything? (M.P., via e-mail) …
Ocean Trail Unit Owners Association, Inc. v. Mead, 650 So.2d 4 (Fla. 1994)
The independent covenant to timely pay assessments is at the heart of THIS CASE. Condominium unit owners brought action against condominium association, seeking declaration that association’s $500 special assessment was unauthorized. The trial court approved the assessments, and the owners …
Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?
The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without …
Bulk Telecommunications Contracts
This Article aims to highlight issues the association should consider when looking to change or enter into a new bulk agreement.
Bulk Agreements and the Law
Before discussing specific issues with Bulk Telecommunications Agreements, …
Condo Term Limits Explained
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 …