Q: I live in a gated homeowners’ association. Roots from a tree planted on the common area has damaged my driveway. Who is responsible for the repair? (J.K., via e-mail)
A:Probably you.
There are two theories which have been …
Directors Can’t Vote by Proxy
Q: If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue? Can another board member submit their written vote at the board meeting? …
Death of Candidate Does Not Require New Election
Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before …
“Community Associations Threatened With Website Litigation Under the ADA,” Daily Business Review
In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.
The genesis for these association website suits may lie with the holding …
Frequency of Board Meetings Not Set by Law
Q: The board of my homeowners’ association has decided to meet only quarterly. Is this legal? I thought that by law the Board needed to meet ten times per year. (S.B., via e-mail)
A: Section 720.303(2) (a) of the …
“Should Extra Ballots be Counted?,” Naples Daily News
Q: My condominium association recently held its annual meeting and the election was quite close. Only one vote separated the candidates for the last open director position. The candidate that lost the election by one vote requested to review all the …
Defending Sea Turtle Lighting Code Enforcement Actions
Have you or your community association been faced with code enforcement violations related to sea turtle lighting? Even the best intentioned can be faced with such an issue in a coastal community.
Kathleen O. Berkey, B.C.S., AICP, a Becker land use …
Terms and Term Limits Different
Q: Could you please tell me when the State passed legislation to require HOA’s to record its rules and regulations? (T.D., via e-mail)
A: As of July 1, 2018, homeowners’ associations are required to record amendments to their rules and regulations. …
Terms and Term Limits Different
Q: I have a question in regards to condominium board member term of office and elections. Due to the new law that started in 2018, do the board members automatically stay on the board if they choose to for up to …
Shedding Light on Sea Turtle Lighting
The Florida Fish and Wildlife Conservation Commission (FWC) and coastal local governments regulate what lighting is permitted to avoid and minimize the impacts to sea turtles, but why is artificial coastal lighting a problem? In the southeastern United States, sea turtle …