Neighbors on Monarch Ln. in Escambia County say they’re still dealing with issues from Saturday’s storm, issues they say could have been avoided. Construction crews were seen Tuesday cleaning up sediment carried into yards by flooding, homeowners believe, was caused by a development at the end of their road. Read the entire article……………………………….
Recordings of meetings may be considered inspectable records if kept by Association (FL)
Q: My HOA records its Zoom meetings (a notice is given to all before the meeting that the meeting is being recorded). However, when I asked the board to put the recordings onto our HOA web page so that all homeowners could access them, they refused. They also refused my ability to get access to […]
GL Homes Sued By HOA, Alleges Violation Of Florida Building Code (FL)
GL Homes, which advertises a lavish, luxurious lifestyle in spectacular homes, is being sued by an area HOA for negligent construction and alleged violations of Florida’s building code. The Tuscany Homeowner’s Association filed suit against GL in Palm Beach County Circuit Court for a laundry list of alleged community infrastructure and construction defects. Read the entire […]
Board Workshop Meeting Subject to Sunshine Rules (FL)
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? Read the Q&A………………………………..
Sweeping Community Association Legislation Passes Unanimously in Florida Senate, Goes to House for Consideration
Senate Bill 630, a bill that has wide support from community association industry interests across the state, passed the Florida Senate with a unanimous vote of 40 to zero. It will now move to the Florida House of Representatives for consideration. Read the entire article……………………………….
Ask a real estate pro: What can I do about condo rules that don’t allow pickup trucks? (FL)
Q: Our condo does not allow us to own pickup trucks or park them on the premises. Visitors can park them in guest parking during the day but must find off-site parking overnight. This rule is making it hard for friends and relatives to visit me. Is there something I can do? Read the entire […]
‘Open The Gate’: Group Protests Closure Of Entrance To Matheson Hammock Park (FL)
A battle over a private road and the entrance to a public park came to a head Saturday. Residents came together to protest the closure of Matheson Hammock Park’s west entrance, saying the closure is infringing on their public access rights and they want city officials to intervene. Read the entire article……………………………….
Electrical fire short-circuits condo rentals at the Setai Miami Beach, 14 floors still without power (FL)
For more than a week, 14 floors of The Setai Miami Beach’s 385-foot-tall luxury tower have been without power, cramping the lifestyle of residents and guests at one of the city’s swankiest condo-hotel properties. Read the entire article……………………………….
In a Condo who insures what and who pays for the damage? (FL)
Questions often arise when there is an insurable event (such as when a water or sewer pipe bursts), who pays for the damage? The Condominium Association or the Unit Owner. The answer will depend upon what the damaged items are. Section 718.111(11)(f), Florida Statutes, Read the entire article……………………………….
Are Videos Official Records? (FL)
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 has […]
Ask a real estate pro: Can HOA close the pool to everyone after resident broke rules? (FL)
Q: The Board of our Homeowners Association recently reopened our pool for tenants only (no guests or family). Twice residents were observed bringing in guests, and as punishment, the board closed the pool to all residents the next day. Can the board punish all residents because of another resident’s action? Read the entire article……………………………….
HOA may have authority to lease or sell HOA property without member approval (FL)
Q: Is there an equivalent to Section 718.110(4), Fla. Stat. in Chapter 720 [the HOA Act] that would require a 100% vote in favor of an amendment to the covenants which materially modifies the appurtenances of the units (in this case permitting boat docks)? We live in an HOA community, but the issue seems to […]
Attempt at scaring vultures ruffled feathers of Sun City Center residents who say it’s disturbing all birds (FL)
The birds are a big attraction along Middle Lake in Sun City Center. Residents spend hours watching them. “We are not crazy people,” Lucia Perez shared. “We’re just people who moved here to enjoy the beauty nature has to offer to us.” Read the article……………………………………..
Some neighbors at Saturnia Lakes in Collier County unhappy about tree removal (FL)
Homeowners in a Collier County community are furious their HOA is tearing down a beloved part of the community, and it’s taking place without their approval. We visited Saturnia Lakes in Collier County Friday, where people living there are doing everything they can to save trees in their neighborhood. Watch the news report……………………………………..
Community Association Q&A: Improper Closed Board Meeting? (FL)
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? Read the Q&A………………………………..
Condo Questions: Is a special assessment for storm damage refunded when a renter moves? (FL)
Q: Our condominium association adopted and collected a special assessment for Hurricane Irma damage. Now we have finally settled with the insurance company and have surplus of funds. The board is considering refunding the surplus funds to the owners who paid the special assessment but some of those owners have sold their unit and moved. […]
Lowest Bidder Need Not Be Hired (FL)
Q: My homeowners’ association recently put out bids for repaving of our roads and hired the lowest bidder. Is this legal? Read the Q&A………………………………….
How the Idea for the American Flag Drop-Off Box Got Rolling in Tamarac
Thanks to one community association that heard our proposal back in 2015, a flag drop-off box has been located in the city for a patriotic place to dispose of damaged or tattered flags for retirement. Read the article…………………………………..
Golf course owner plans new homes, townhouses and recreation center (FL)
Golf courses nationwide have hit on hard times because the outdoor sport has fallen out of favor with many who would rather get the same thrills from a computer screen. The popularity decline has forced golf course owners to think out of the box and the new owner of the Pine Ridge Golf Club in […]
Tomoka Oaks residents anxious over future of golf course (FL)
Uncertainty continues to plague the residents of Tomoka Oaks as they await what will be built on the former golf course property, which is being sold to a local developer. Read the article…………………………………
Landlords, condo associations sue to end ban on eviction writs in Miami-Dade (FL)
A group of Miami-Dade County landlords, condo associations and others are pushing to end the moratorium on executing residential writs of possession filed during the pandemic. Read the article…………………………………..
Winter Garden HOA to Pay for Stoneybrook West Golf Course for the Next 20 Years (FL)
An update to a story we have been following for nearly two years, It is the future of the Stoneybrook West golf course in Winter Garden. The course which has been closed since 2019 was supposed to go up for auction Friday but the city of Winter Garden made an offer to the trustee of […]
Single director can’t set agenda (FL)
Q: Can any board member place items on the meeting agenda? A: This is one of those “chicken and egg” issues that has no clear answer. The statutes do not address it. Very few bylaws I have read address the issue. Read the Q&A………………………………..
CDD 1 (The Villages) wants to hear from residents about possible ban on signs (FL)
CDD 1 has a rule prohibiting signage, but decided in 2013 to stop enforcing the rule. Among the concerns at the time was an opinion from legal counsel that declared, “The constitutionality of the regulation is questionable.” Read the article…………………………………
Condo questions: Are we responsible for landscaping improvements charges not approved by the association’s board? (FL)
Q: Our landscape vendor just contacted the association to coordinate some improvements. The vendor sent us an estimate for $10,000, and the board never approved the work. It turns out the landscape committee chair determined that the work was necessary and signed the estimate. Are we responsible for this charge Read the Q&A…………………………………….
Wifi Woes: students in off-campus housing hire lawyer to fight dispute over promised internet, cable
The Pointe at Adams Place Apartments is a popular choice for students, just a few blocks from Florida A&M. The apartments technically reside in a Condominium complex, making for a tangled management system adding to the issues here. Read the article…………………………….
Palmetto Place Condo Sued Over Mask Mandate (FL)
A condominium owner at “Palmetto Place at Mizner Park” is suing the Condominium Association over $5000 in fines she received for allegedly not wearing a facial covering in the building. Read the article………………………………..
Palm Bay Towers unit owners sue condo board, alleging marina neglect (FL)
The only waterfront high-rise in Miami’s Upper Eastside neighborhood is a case study in condo board neglect, according to a recently filed lawsuit. Ten unit owners at the Palm Bay Towers are suing their condominium association and property manager KW Property Management & Consulting in Miami-Dade Circuit Court, alleging that both have willfully ignored major […]
Association Cannot Edit Candidate Resumes (FL)
Q: For our condominium association’s upcoming election, the blank candidate information sheet provided by the management company has a signature and date line at the bottom. Is it required that candidates running for the board of directors to sign the candidate information sheet form after what they have written about themselves? Read the Q&A’s………………………………….
Robert’s Rules allows small organizations to dispense with seconds and other formalities (FL)
Q: Your discussions of associations frequently have interest to many readers like me. Thanks for offering advice. For your recent article regarding Robert’s Rules, I think a clarification is needed, specifically regarding the use of Robert’s Rules for a small board. I fully agree we don’t want to become too obsessed with these rules. […]
Use of electronic voting (FL)
Q: In response to COVID-19, our community wants to authorize the use of electronic voting to facilitate participation. Can the association use an online polling service, or do we need to engage a third party to implement the electronic voting system? Read the article…………………………………………..
‘Our money’s going in the toilet’: Amenities destroyed after homeowners file lawsuit over high fees (FL)
A group of Sumter County homeowners turned to 9 Investigates for help after the owner of their 55+ community destroyed amenities that have been the center of an ongoing court fight. Read the article…………………………………….
Judge slaps Don Peebles’ Bath Club Entertainment with $1M in sanctions (FL)
Don Peebles’ Bath Club Entertainment is on the hook for $1 million in court sanctions after a Miami-Dade judge ruled the developer failed to maintain first-class cabanas and outdoor food and beverage service at the historic private Miami Beach club. Read the article……………………………………
Some private residents will be able to enforce parking violations in South Walton (FL)
A newly written ordinance was voted on, which would deter visitors from parking on private properties at Tuesday’s commission meeting. After a back and forth discussion, the board passed an ordinance for private property owners to regulate unattended vehicles on their properties. This would allow for them to hire security companies to give parking fines. […]
Community Association Q&A: Access to Minutes, Violation Letters? (FL)
Q: There are numerous parking violations and pet violations occurring in my condominium community. I don’t believe the board and manager are taking proper enforcement actions. Are owners entitled to review board meeting minutes to see what, if anything, is being done to address these ongoing violations? Am I entitled to copies of any demand […]
HOA charged family $927 for leaving trash on curb too long (FL)
A family that mistakenly placed trash bags along the curb for collection on the wrong day received a $927 bill from their homeowner’s association, a fee the property owners considered unreasonable because they received no prior warning. Read the article…………………………..
Board vote may require majority of all directors, or majority participating in meeting (FL)
Our HOA is constituted as a five-member board with a quorum requirement of three voting members for any resolution. Recently one of the board members relocated, leaving four active members. We issued a request at our yearly meeting for new board members and the proper intent to serve forms were submitted by two residents. […]
Single dad says HOA refusing to renew lease over review (FL)
Michael Bucherich says these 100 words, posted nine months ago on Google, have left him in a pickle. “During a time of national crisis and all of the neighborhood children trapped at home with little to no relief this association has elected to fine its residents $25 per day for having small inflatable pools while […]
Condo question: Who’s responsible for repairs when a hot water heater damages other tenants’ property? (FL)
Q: A hot water heater burst on an upper floor and many units sustained water damage and owners are demanding the association pay for everything. Is the owner of the hot water heater responsible? Read the Q&A……………………………………..
Authority of Board President Questioned (FL)
Q: An issue has come up in my condominium association regarding the role of the association president. Some members, including the current president, feel that the president of the association has the authority to take any action on behalf of the association without the consent of the rest of the board. Is this correct? Read […]
‘They put me through hell’: Homeowner battles HOA, gets thousands in settlement (FL)
A Central Florida couple claimed the homeowner’s association threatened to foreclose on their house for a debt they did not owe. Cindy Decker and her husband raised six children in the home they’ve lived in for 26 years. Their bitter, two-year battle with the homeowner’s association to save their house still seems unreal to them. […]
Access to minutes, violation letters (FL)
Q: There are numerous parking violations and pet violations occurring in my condominium community. I don’t believe the board and manager are taking proper enforcement actions. Are owners entitled to review board meeting minutes to see what, if anything, is being done to address these ongoing violations? Am I entitled to copies of any demand […]
Unstable connection: Internet company sues Marquis Miami condo association (FL)
The rooftop of a luxury condo high-rise marks the center of a vicious legal battle for cable and Internet supremacy in downtown Miami, according to a lawsuit recently filed in Broward County Circuit Court. Winter Haven, Florida-based ITCSAT Corp. is suing the Marquis Miami Condominium Association, a competitor cable and Internet provider named Broadwave, and […]
Century Village condo owner cited for walking on grass (FL)
People get slapped with violations and fines all the time in condo associations, but this is one Help Me Howard with Patrick Fraser had never heard before: a condo owner got cited because she walked across the grass. Is that legal? Let’s see. Find Gloria in her Century Village condo, and you will find a […]
Possible tornado damages Pinellas County condo community (FL)
Powerful storms swept through Pinellas County Saturday night, leaving quite a mess behind in one particular community. The Boca Ciega Point retirement community saw a number of condominiums damaged by what could have been an overnight tornado. A Tornado Warning was issued for parts of the county around 1 a.m. Read the article………………………………..
Community association may review financial information when approving tenants (FL)
I am on the board of a condominium association. We recently denied a rental applicant based on his misrepresentations, lack of transparency and generally disingenuous application. We were careful to follow the guidelines of the Fair Housing Act and local ordinances. Read the Q&A………………………………
Identifying delinquent owner in meeting minutes not illegal (FL)
Q: Is it improper or illegal to name a delinquent owner and the amount owed in the minutes of a meeting where the board votes to suspend an owner’s voting rights? Read the article………………………………………
Delray Beach HOA Sued: Cameras, Lights Too Close To Home (FL)
When does security become a nuisance? That’s the question a Palm Beach County Circuit Judge may have to answer as part of a just-filed lawsuit involving a homeowner and his Delray Beach Homeowners Association. Read the article………………………………