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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 amend this document. There is a “parliamentarian” on our board. He argues that under …
Q: I am writing regarding your recent series of articles on the new condominium legislation.
You have stated that the new law imposes term limits of eight years. Our current bylaws impose
a six year term limit, no more than three consecutive terms of two years each. …
Q: In a homeowners’ association, can residents request items be added to the agenda for board meetings, or can only directors do this? If so, is there a deadline by which items must be placed on the agenda in order to give residents adequate notice about the items to be discussed? …
Q: My association recently sent out the annual meeting notice materials. There is a proxy question which reads: “Should the minimum rental term be increased to 90 days?” There was no other documents or discussion regarding the amendment included in the meeting materials. Is this legal? (J.P. via e-mail)
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Q: The board of my condominium association is elected for “staggered terms” according to our bylaws. What does this mean? (D.L. via e-mail)
A: The Florida Condominium Act provides that directors’ terms generally expire at the next annual meeting after their election. However, directors may serve …
Q: Our condominium documents require owners to maintain windows. The board wants to encourage (or even force) owners to install impact glass. Can the board dictate the type of new windows that have to be installed? Also, why does the law require the board to adopt “hurricane shutter specifications” when the modern …
At post-Irma Week 6, most communities are back to business as normal, save perhaps figuring out what to do with mountains of landscape debris.
However, some associations are entering a critical period in post-disaster procedures. With the exception of those buildings which sustained catastrophic damage (and fortunately, there were a few), damaged …
We are now over a month past Hurricane Irma. While it certainly could have been significantly worse for Southwest Florida, many community associations are still working through a variety of difficult issues, including processing insurance claims, continuing clean-up, and property restoration. While immediate attention must be paid to those issues, now is also a …
Four weeks after Hurricane Irma, most associations have likely made progress in making temporary repairs to damaged communities. This week’s column will focus on the various issues that arise during the rebuilding process that occur after the storm. Part of such process includes selecting the appropriate contractor to perform the work and ensuring that …
Three weeks after Hurricane Irma, power and communications have been restored to most areas. Associations have had time to address their property damage, although under very difficult circumstances, including extended periods of being without electricity. By now, the following list of items should have been accomplished, except perhaps for communities experiencing the most significant …