Q: Our condominium association board imposed a suspension for use of common facilities as a penalty for an owner who had been renting in violation of our condominium documents. I stated that the suspension would require approval of …
Non-Vote Can Be A “No” Vote
Q: I am on the board for our condominium complex. Many owners have requested getting lights for our swimming pool so that they may use it longer in the winter months. We have the funds for this and …
2018 Legislative Session Preview
The 2018 Legislative Session is scheduled to begin on January 9, 2018, and end on March 9, 2018. The following are some of the bills that have been filed that, if passed, will have an impact on community associations.
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Preventing Sexual Harassment in the Community Association Workplace
Sexual harassment is not often thought about in the context of community association law. The reality, however, is that the number of sexual harassment claims brought against community associations has skyrocketed in recent years, making it imperative that a community …
Medical Marijuana and Your Florida Community
Citizens in the Sunshine State approved Amendment 2, which legalized the use of medical marijuana, by a 71% margin. Florida is expected to log more than $1 billion in medical marijuana sales by 2019, according to a report compiled by …
What’s New With Official Records?
The Condominium Act (“The Act”) has a catchall provision which essentially provides that “other written records” related to the operation of a condominium are considered official records of an association. In 2017, the Act underwent some changes as it pertains …
Stopping the Limitations Clock in Bank Foreclosures – Bartram v. U.S. Bank
Associations across Florida have anxiously awaited the Florida Supreme Court’s decision in Bartram v. U.S. Bank Nat. Ass’n, 2016 WL 6538647 (Fla., November 3, 2016). While the underlying facts in Bartram are somewhat convoluted, the …
Quorum Needed to Conduct Association Business
Q: I keep seeing the term “quorum” in the materials for my condominium association’s annual meeting. Can you explain what a quorum is? (L.B., via e-mail)
A: “Quorum” refers to the number …
The Association Foreclosed On A Delinquent Owner. Is The Mortgagee Entitled To The Rental Income?
Condominium and Homeowner Associations are never anxious to take on properties abandoned by owners. Yet with the mortgage crisis many properties were left vacant for years. In the interim, unpaid assessments continued to accrue and the properties were ripe for …
Borrowing Money
As buildings age, repairs become necessary. For associations that have not funded reserves, money will be in short supply, leaving two possible options depending on what is permitted under your governing documents: special assess and/or borrow money from a bank. …