Rollover of Excess Funds Normal
Q: If there is an excess in monies collected from the annual budget, must the excess be returned to owners, or can it be used to reduce maintenance fees for next year? (E.O., via e-mail)
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Governor Signs COVID-19 Immunity Bill
Most readers of this column know that each year, over the summer, we typically review the year’s legislative applicable to community associations. While I will do so, and there is some significant legislation that appears poised to pass, a recently enacted law dealing with COVID-19 liability is worthy of discussion now.
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Community Association Q&A: Are Videos Official Records?
Q: My condominium association has installed several security cameras in the common areas, including the pool area. There was an incident between myself and another owner last week at the pool and I requested a copy of the security camera video footage. I submitted my request to the manager in writing, but the manager …
HOA Election Procedures Explained
Q: What is the accepted practice that my homeowners’ association should follow for opening and counting secret ballots used to elect the board? (J.D., via e-mail)
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Board Workshop Meeting Subject to Sunshine Rule
Q: What are the requirements for a condominium association board to hold a “workshop” meeting? Is the association still required to post notice if there is a quorum of the directors present? What if there is not a quorum present? Are minutes required? (M.M., via e-mail)
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Homeowner Association Confusion & Frequently Asked Questions
Although the term community association encompasses different types of community associations, in Florida, the two predominant forms of community associations are homeowners associations and condominium associations. There are vast differences but also numerous similarities between the two. Unfortunately, this can cause confusion when owners, directors, and/or managers assume the two are the same. Simply …
Condominium Association Elections – The Who, What, When, & Where
Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your election. Generally, these requirements are contained in the association’s By-Laws. With this in mind, …
Delinquent Owners Can’t Serve on Board
Q: Our condominium association’s bylaws provide that for an owner to be qualified to serve on the board, he or she cannot be delinquent more than 30 days. Our manager says the state statute says 90 days and supersedes our bylaws. Do our bylaws or the statute control? (R.G., via e-mail)
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Community Association Q&A: Improper Closed Board Meeting?
Q: My entire condominium board met in a closed session to conduct an annual review for the employees? I requested the right to attend these reviews as I wanted to speak favorably on behalf of one of the employees. My request was denied. Did I have the legal right to attend? D.T. …
Owner Social Media Page Raises Questions
Q: Our homeowners’ association has a new board that is currently working on the transition from the builder. Residents have become quite vocal, and complaints are numerous about general association matters and other residents. A resident set up a social page open to members of the community, which has become predominantly a method …