Q: I asked my association’s manager for a copy of our community pool’s permit and was told to go get it from the Florida Department of Health myself. Is our manager required to provide a permit like this to the …
Is It a Limited Common Element?
Most condominium unit owners may think that limited common elements are those areas outside the condominium unit that are part of the common elements, but which are used only by a specific unit owner. However, the Florida Condominium Act defines …
An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes
Community Associations have an obligation to enforce their governing documents. However, that obligation does not extend to policing, mediating, or resolving disputes between owners, without a corresponding covenant violation. Associations have an obligation to all owners of the community to …
Incidental Damage Clauses
There are times when an association must damage a unit or units in order to maintain or repair the common elements. For example, if repairs must be made to a common element water trunk pipe, an association may have to …
’Material Alteration’ Voting Explained
Q: How can a condominium “material change” be approved? Who approves it, the board or the property owners? If several items are being altered, must each item be listed separately or can it be a single vote lumped together as …
Can One Section Ban Rentals?
Q: I live in a condominium and there are several disruptive annual renters. There are six different sections but only one board. Each section is governed by their own declaration of condominium. Can one section approve an amendment to …
Night Swimming Governed By State Codes
Q: Our homeowners’ association pool is only open from “dawn to dusk.” With the time change, it gets dark early. Residents who work are not able to use the pool during the week. Can the board change the pool …
Board Members Can’t Vote By Proxy
Q: I have an HOA question about board members voting by proxy. I believe that they cannot submit their own personal vote via proxy, but are they allowed to simply collect unlimited proxies? The board members collect and give the …
Board Makes Parking Rules
Q: Is it necessary for the board of my condominium association to get a vote from the owners to change parking rules? They want to restrict me from parking my third vehicle on the property. I have been living here …
Election Season is Upon Us!
For condominiums and cooperatives there are a few statutory election guideposts that start with the numbers 60, 40, 35 and 14*.
Sixty (60) days prior to your annual meeting election the first notice must be sent to all …