Q: My homeowners’ association requires contractors to be licensed and insured as part of the approval process for architectural review. Are they allowed to do this? (K.L. via e-mail)
A: The Florida …
Water Leak Confounds Condo Owner
Q: I live on the first floor of a two-story condominium. My upstairs neighbor’s water heater somehow malfunctioned (I believe the tank burst) and by the time it was discovered, hundreds (maybe thousands) of gallons of water had …
Vote Usually Not Required for Board-Made Rule
Q: Our condominium association board recently announced a new rule involving the hours our tennis courts are open. The owners were not asked to participate in discussing the new hours or vote on the rule. Was the board …
Condominium Associations can Require Unit Owners’ Keys
Q: I am a new owner in a condominium. The board has asked me for a key to my unit, but I am hesitant to give it to them. Can they require me to provide a key? ( …
We’ve Been Nominated for FLCAJ Readers’ Choice Awards
Becker & Poliakoff would like to thank FLCAJ Readers for nominating us in the Legal Services Category of this year’s Readers’ Choice Awards. We are grateful to serve our clients and the industry friends who put …
Delinquent Board Members May be Required to Leave Positions
Q: Our annual meeting and election is coming up and our board has been discussing the relevant procedure. Is it possible for us to go through simpler procedure because we are a smaller condominium association? (S.W. via …
This Is The End. . . Or Is It?: Retroactive Application Of The Amendments To The Condominium Act Relating To Termination
In some instances, unit owners in a condominium association may collectively decide that it would be better to “end it all” and terminate the condominium rather than continue on with the condominium form of ownership. Perhaps the owners in an …
Responsibility For Repairs After A Hurricane Or Storm
Given the especially active and devastating 2018 hurricane season, it is helpful to remember how condominium associations should proceed with repairs to the condominium property after a hurricane or other storm event. The first determination that must be made is …
Conflicts of Interest – Is it time for a new Code of Conduct?
It has always been the obligation of Board members to serve for the benefit of the entire community. Doing so requires that they carry out their duties in good faith with the care of ordinarily prudent people. To safeguard and …
Year End Surplus Treatment in Board’s Hands
Q: What must be done with a condominium association’s operating surplus at the end of the year? Is it true that it must be returned to the owners in the form of payment or a credit to next …