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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Board Workshop Meeting Subject to Sunshine Rule
Q: What are the requirements for a condominium association board to hold a “workshop” meeting? Is the association still required to post notice if there is a quorum of the directors present? What if there is not a quorum …
Homeowner Association Confusion & Frequently Asked Questions
Although the term community association encompasses different types of community associations, in Florida, the two predominant forms of community associations are homeowners associations and condominium associations. There are vast differences but also numerous similarities between the two. Unfortunately, this can …
Condominium Association Elections – The Who, What, When, & Where
Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your …
Delinquent Owners Can’t Serve on Board
Q: Our condominium association’s bylaws provide that for an owner to be qualified to serve on the board, he or she cannot be delinquent more than 30 days. Our manager says the state statute says 90 days and supersedes …