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Attorney-Client Privilege When Board Members Sue the Association

Protecting the Association’s interests when members of the Board are involved in a suit can get complicated. Creating a committee for the purpose of handling the matter may be the best solution.

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“Who Said What?” Board Officers Should be Careful how They Handle Their Official vs. Personal Communications to Members – Part I

There is no doubt that technology has significantly improved the way communities and neighbors interact and communicate with one another.  The sheer number of social media applications and web-based platforms available to individuals and community associations make it easy for …

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Board Member Code of Conduct

The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, …

Who May Run for the Board?

Can a non-owner be a Board member in a Condominium?

Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be …

Board Term Limits Questioned

Q: I recall that a few years ago there was a lot of discussion regarding term limits for board members. I have not heard anything about term limits recently and know that a number of board members in my community …

Can the Directors and Members of Your Community Association Meet and Vote Remotely?

During the COVID-19 pandemic, people and businesses alike struggled to meet, organize, and otherwise conduct business in person due to quarantine measures and social distancing policies. In light of these challenges, in 2021, the Florida Legislature enacted laws to make clear …

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Who Can Be A Condominium Board Member?

Can a non-owner be a Board member in a condominium?

Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants …

Board Bickers Over Meeting Agendas

Q: The board of directors for my condominium association has an ongoing dispute over which board members can put items on the agenda of a board meeting. Can individual board members put items on the agenda of a board meeting? …

Sunshine Laws Apply to Board “Workshops”

Q: I am a director on the board of our HOA and we are questioning whether or not our board members can have a workshop to brainstorm and discuss the budget prior to presenting the budget to our membership. The …

Board Workshops Covered by Sunshine Law

Q: I understand that if the board of directors posts notice for a meeting, and a majority of board members are there, that is a board meeting. However, what if a board just holds a workshop to discuss certain items …