Q: Our condominium association is considering converting into a “55 and older” community. Is it true that 80% of our units must vote “yes” to effectuate this change? (D.J., via e-mail)
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Rollover of Excess Funds Normal
Q: If there is an excess in monies collected from the annual budget, must the excess be returned to owners, or can it be used to reduce maintenance fees for next year? (E.O., via e-mail)
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What Will the Damage Cost?
A well-designed disaster plan will include safeguards against future risk which are designed to minimize economic and property loss, as well as the loss of human life.
It is dangerous to ever become complacent about hurricanes when you …
Hurricane Shutter Policies Raise Questions
Q: Can hurricane shutters remain closed when a home is unoccupied throughout the summer, even when there is not an active threat of a storm? (D.F., via e-mail)
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Coral Lakes Community Association, Inc. v. Busey Bank, N.A.
What happens to unpaid assessments owed to the association when a first mortgagee forecloses is the subject of Coral Lakes Community Association, Inc. v. Busey Bank, N.A., 30 So.3d. 579 (Fla. 2d DCA 2010). Many of you may have heard …
Is Your HOA Gate Opening to Increased Liability?
When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting …
Designation of Primary Occupant
Many condominium governing documents require new residents to go through a screening process. Section 718.104(5) of the Florida Condominium Act provides that “[t]he declaration as originally recorded or as amended under the procedures provided therein may include covenants and restrictions …
Governor Signs COVID-19 Immunity Bill
Most readers of this column know that each year, over the summer, we typically review the year’s legislative applicable to community associations. While I will do so, and there is some significant legislation that appears poised to pass, a recently …
Community Association Q&A: Are Videos Official Records?
Q: My condominium association has installed several security cameras in the common areas, including the pool area. There was an incident between myself and another owner last week at the pool and I requested a copy of the security camera …
HOA Election Procedures Explained
Q: What is the accepted practice that my homeowners’ association should follow for opening and counting secret ballots used to elect the board? (J.D., via e-mail)
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