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By David G. Muller
Posted on 
Q: Please explain the “sunshine law” as it pertains to a three-member condominium board as compared to a five-member board. It seems that two directors discussing association business on a five-member board does not constitute a quorum, whereas two directors on a three-member board would. It seems that a smaller, three-member board is …
By Joseph Adams
Posted on 
Q: Our community was built in 1982. Many homeowners have had screen patios for 38 years. The board now wants the screens removed and if a homeowner does not remove it, the board will, and it will send the bill. Can an HOA do this now after 38 years? (A.W., via e-mail) …
By Donna DiMaggio Berger
Posted on 
Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and all the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny.
More often than not, however, boards don’t consult legal counsel enough. It’s a dangerous …
By Joseph Adams
Posted on 
Q: Our social committee wants to start a “movie night” that is open to all of our residents. Would this violate copyright laws? (C.S., via e-mail)
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By Lilliana Farinas-Sabogal
Posted on 
No one has a crystal ball to look into the future, but some things are more likely than others. The many media references to the “2020 Bingo Card,” containing any number of unfathomable happenings, supports the idea that no one could possibly have predicted the kinds of questions lawyers are receiving from their community …
By Karyan San Martano
Posted on 
Despite a year that has drastically curtailed traveling due to the global COVID-19 pandemic, the popularity of online vacation and short-term rental platforms, such as Airbnb and others, has persisted as people have sought escapes to private homes instead of hotels and to upgrade their work-from-home routines to somewhere with a view. Airbnb is …
By Joseph Adams
Posted on 
Q: Is it permissible for a candidate for the board to include personal information about himself or herself in the official ballot mailing sent by our condominium association? Does the board have the right to edit these or withhold inflammatory comments? (S.M., via e-mail)
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By Joseph Adams
Posted on 
Q: My association is threatening to fine me $100.00 per day for not following their mask rules. Is there a law that allows associations to fine $100.00 per day? (J.G., via e-mail) …
By Joseph Adams
Posted on 
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 to approve. Is this correct? Is there a minimum number of these “interests” required to …
By Joseph Adams
Posted on 
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. …
Becker, with headquarters in Fort Lauderdale, FL., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast.
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