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“Non-Vote” Can Be A “No Vote”

Q: The declaration of covenants for our homeowners’ association says that it can be amended by a “two-thirds vote.” There are 120 lots in our community. Most people believe that we need 80 votes (two-thirds of all lots) to …

Updating Documents Requires Getting Out the Vote

Q: My condominium association still operates under our original documents from the early 1980s, which have been amended a couple of times. From what we can tell, the documents have never been updated from what the developer gave us. …

HOA Governing Documents Explained

Q: I recently purchased a home in a development that is under a homeowners’ association. When I purchased, I received “the documents” for our community. I am confused how these documents relate to each other and what the different …

Architectural Committees Cannot Vote by E-mail

Q:        I read your recent column stating that e-mail is no longer allowed as a way for HOA board members to vote. Our architectural review committee meets once a month to review and approve applications, but there are often …

Why is a Plat so Important?

As an owner of residential property in Florida, you are aware that your community is probably subject to a unique set of “governing documents.” Typically these will include a Declaration of Covenants and Restrictions, Association Articles of Incorporation and Bylaws, …

Your HOA Amendments are Ready, Now What?

The “governing documents” of a homeowners association are the Declaration of Covenants, the Articles of Incorporation, the Bylaws and the Rules and Regulations. Many times, HOAs make a decision to amend by looking to the provisions that needed changing. This …

Time for Annual Legislative Review

Today begins our annual review of new legislation affecting community associations in Florida. The main piece of legislation derives from House Bill 81, which will become law on July 1, 2018. HB 841 affects condominiums, cooperatives and homeowners’ associations. We …

Owners Generally Do Not Have the Right to Approve the Annual Budget

Q:        Do condominium owners have a say in approving the annual budget? (D.J. via e-mail)

A:        Unit owners do not have the right to adopt or approve a proposed budget …

Website Law Likely to Change

Q:        I have heard that there is a new law requiring condominium associations to have a website. Is that true? (J.L. via e-mail)

A:        Yes, although the law has somewhat …

State Changes Barbecue Grill Rules

Q:        Has the law been changed to allow grilling on condominium balconies? (J.S. via e-mail)

  1. Yes. The Sixth Edition of the Florida Fire Prevention Code, effective December 31, 2017, permits the use …