Q: Our declaration of condominium requires “two-thirds vote, by proxy or in person,” to approve an amendment. For example, if only 20% of members participate in a meeting, this would enable passage if 12% of the membership at a meeting …
Mail-In Election Ballots Common For Associations
Q: Due to the ongoing COVID-19 pandemic, many of the seasonal owners in our condominium will not be returning this year. This raises concerns about how we should conduct the election for directors. …
An Association’s Response to Owners Requiring Additional Care
Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to …
The ‘Nuisance’ Problem
When Do Annoying Behaviors and Activities Within and Surrounding the Community Become a Legal Nuisance and How Can Your Community Deal with It? …
Generally Board Members Cannot be Compensated
Q: Can the members of our board of directors receive a holiday bonus? (G.M, via e-mail)
A: Not to be the “grinch,” but this is generally not a good idea and is usually not legally permissible. …
Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant
Short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions.
“With Airbnb and those platforms becoming such a huge percentage of rentals,” says Jennifer …
Records Inspection Rights Explained
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 …