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Florida HOA Board Must Follow Correct Rule Procedures

Question: Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures that must be followed? Can the board adopt a rule at a regular meeting and then …

President Can’t Buck the Association Board in Florida HOAs

Question: I am one of five directors on my homeowners’ association’s board. After this year’s annual meeting, we elected new officers. The person voted in as president says that he can make any decision he chooses, and does …

Florida HOA Boards May Appoint an “Election Committee”

Question: Every year our homeowners’ association’s board appoints an “election committee.” The committee makes sure that the meeting notices are sent out, and otherwise runs the election, including counting the ballots. This year, the chairperson of the committee …

Condominium Board Cannot Wink at House Cats

Question: Our association has a “no pet” policy, going back to the developer’s original bylaws. The board has generally enforced it, but has let a few elderly owners keep “indoor cats,” since they really do not bother anyone. …

Can a Candidate Withdraw From a Condominium Election and Then Change Their Mind?

Question:  The bylaws of our condominium association specify that the board of Directors shall be comprised of not less than five nor more than seven members.  Six members filed their applications for candidacy by the required deadline (40 …

Florida Condominium and HOA Fining Laws are Slightly Different

Question: There seems to have been a lot of change in the law about fining. Has the legislature finally made the condominium statute and the homeowners’ association statute the same on this issue? (C.M. by e-Mail)

Florida Condominium and HOA Directors Can Usually Serve on Committees

Question: Can a board member also be a member of a committee, such as the fining committee or the landscape committee? (L.D. by e-mail)

Answer: Yes and no. Generally, a board member can also …

Florida Shared Ownership Statutes Continue to Catch up with Digital Age

Given the significant percentage of Floridians living in all types of shared ownership communities, it is not surprising that each year we see at least a handful of bills pass which directly or indirectly impact those private residential communities and …

Condo cannot collect safe harbor from mortgagee after foreclosure

Court explains “safe harbor” and says:

“individualized charges, such as interest, late fees, collection costs and attorney’s fees do not fit within the statutory or common sense understanding of “regular periodic assessments”

A …

Do Fines Really Work?

Imposing fines may indeed be an inexpensive alternative to filing lawsuits or arbitration petitions but does it actually help in curing violations or deterring owners from violating the association’s use restrictions?