Q: My entire condominium board met in a closed session to conduct an annual review for the employees? I requested the right to attend these reviews as I wanted to speak favorably on behalf of one of the employees. …
Elections Have Consequences
Your community association is something of a small sub-democracy. In many respects, it runs in a similar manner to representative governments. The owners / members elect leaders for the community (the board of directors), and those leaders make the important …
Why Community Associations Should Check Their Zoning and Entitlement History
Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the …
Lowest Bidder Need Not Be Hired
Q: My homeowners’ association recently put out bids for repaving of our roads and hired the lowest bidder. Is this legal? (J.M., via e-mail)
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Single Director Can’t Set Agenda
Q: Can any board member place items on the meeting agenda? (C.B., via e-mail)
A: This is one of those “chicken and egg” issues that has no clear answer. The statutes do not address it. Very few bylaws …
Owner Social Media Page Raises Questions
Q: Our homeowners’ association has a new board that is currently working on the transition from the builder. Residents have become quite vocal, and complaints are numerous about general association matters and other residents. A resident set up a …
Weighing the Costs: Common Sense/‘Cents’ COVID-19 Measures for Community Associations Reopening Common Elements and Common Facilities
One full year into the COVID-19 pandemic and people have really started to appreciate (or abhor) their neighbors. The extra time at home or stuck in one’s condominium unit has caused an increased sense of awareness and, in some cases, …
Responsibility for Tree Branches and Roots
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway?
Florida common law provides that a property owner (owner …
Amending Governing Documents Part II – How?
In Part I of this two-part series, we discussed the importance of amending governing documents. Part II discusses tips on how a board of directors can put itself in the best position to have the proposed amendments approved by the …