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Can My Association Send Notices Electronically?

Florida community associations are permitted to send membership meeting notices and certain board meeting notices to the owners electronically if the association obtains the written consent of the subject owner. The association attorney can assist in preparing the applicable consent …

Associations Can Borrow For Hurricane Repair

Q:        Can the board of a condominium association take out a loan to pay for hurricane repairs? (M.D. via e-mail)

A:        Yes. In fact, the only place the Florida Condominium Act speaks …

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 …

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. …

Requiring Licensed Contractors is Valid

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 …

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? ( …

Bylaws Generally Provide for Notice Requirements

Q:        I am a board member of an HOA. Our documents provide that U.S. Mail is the only acceptable means of providing notice to owners. I thought email was recently approved by the legislature as an acceptable means …

Community associations need to be hurricane-proof, too

As Mike Tyson said, “Everybody’s got a plan until they get hit.” This hurricane season is confirming the need for community associations to develop the right plans, learn from their experiences and continually refine their plans.

Many volunteer …

Associations Have Their Own “Sunshine” Laws

Question:        I live in a condominium and have heard that The “Sunshine” Law will allow me to speak at an upcoming board meeting. How does this work? (J.B. via e-mail)

Answer:        Florida’s …

Review of New Legislation – Part 1

Today begins our annual review of legislation affecting community associations in Florida. Today’s topic, “estoppel certificates.”

On June 14, 2017, Governor Scott signed SB 398, which amends Chapters 718 (condominiums), 719 (cooperatives), and 720 (homeowners’ associations) and which …