Q: A director on our condominium board recently resigned, but would still like to volunteer on a committee. Is this permissible? (S.F., via e-mail)
A: I believe so, but the law is a bit of a mess.
Section 718.103(7) of the …
Why Should Your Community Consider Trademarking Its Name and Logo?
Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners.
I live in a country club community that has …
Are Signed Condominium Election Ballots Valid?
For the most part, voting in a condominium election is supposed to be by secret ballot but many times owners sign their ballots. Does this invalidate the ballot? No, it does not. This issue was addressed in the arbitration case …
Say What?
In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor.
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The Use of a Power of Attorney Document at Association Meetings and Elections
A power of attorney (“POA”) is a legal document delegating authority (specific rights set forth in the POA) from one person (the principal) to another (the agent). Association boards and managers may have encountered these from members who wish to …
Dos and Don’ts for HOA Board Members When It Comes to E-Discovery
You were just elected as a member of the board for your association and with that election comes a series of responsibilities. With so many people living in your building, along with those who service the building, odds are you …
Es la temporada de las reuniones anuales y las elecciones. ¿Está usted seguro que sabe cómo conducir la elección de directores? PRIMERA PARTE.
Primero, tenga en mente que una elección no es necesaria al no ser que haya dos o más candidatos elegibles para una vacante en la junta. Además, una elección general debe llevarse a cabo a la misma vez, y en …
50/50 Games Not Permitted
Q: My condominium association uses 50/50 raffles to raise funds for our committees. With the holidays around the corner and funding efforts in full effect, we are concerned about recent comments from some owners about this being illegal. Are 50/50 …
Can a Recalled Director Run Again?
Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been “recalled” (removed by a member vote) can run again for the …
Only Directors Can Vote
Q: If our secretary steps down, we will only have 4 directors. How do we break a tie when voting on upcoming issues? (S.K., via e-mail) …