Q: The declaration of covenants for our homeowners’ association says that it can be amended by a “two-thirds vote.” There are 120 lots in our community. Most people believe that we need 80 votes (two-thirds of all lots) to …
Updating Documents Requires Getting Out the Vote
Q: My condominium association still operates under our original documents from the early 1980s, which have been amended a couple of times. From what we can tell, the documents have never been updated from what the developer gave us. …
HOA Governing Documents Explained
Q: I recently purchased a home in a development that is under a homeowners’ association. When I purchased, I received “the documents” for our community. I am confused how these documents relate to each other and what the different …
Architectural Committees Cannot Vote by E-mail
Q: I read your recent column stating that e-mail is no longer allowed as a way for HOA board members to vote. Our architectural review committee meets once a month to review and approve applications, but there are often …
Can or Should Community Associations Impose Firearm Regulations through Governing Documents
The recent senseless slaughter of school children in Parkland, Florida has fueled and reignited the long-simmering debate about gun control in our society. Community associations are not immune to violent tragedies, including gun deaths.
We are all familiar …
Garage Sale or Thrift Shop in Disguise? Doesn’t Matter. Your Homeowners Association Can do Something About it
This time of year a lot of people are cleaning out their closets, gathering up unused household items, and having garage sales. It is also the time when many communities are having community-wide garage sales. But what about the homeowners …
Basic Tips for Hiring a Community Association Manager
Community association property management is a field that has experienced significant growth in recent years. Florida Law requires licensure by individuals who, for compensation, provide management services for community associations with more than ten (10) units, or those with annual …
Easements by Necessity – Goldman v. Lustig
In the recent case Goldman v. Lustig, Case No. 4D16-1933 (Fla. 4th DCA January 24, 2018), at issue was whether Unit Owners had the right to use and access a dock located behind an adjacent townhouse owner’s …
New Law Requires Recording of Homeowners’ Association Rule Amendments
Q: I am a director in a homeowners’ association. I understand that there have been recent changes to the laws regarding document amendments. Do these changes in the law require that all changes to the rules and regulations made …
Term Limits in Bylaws Trump Statute
Q: I am writing regarding your recent series of articles on the new condominium legislation.
You have stated that the new law imposes term limits of eight years. Our current bylaws impose
a …
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