Q: I live in a homeowners’ association and recently submitted my intent to run for the board. However, my name was not included on the ballot that was mailed out to all of the owners. When I asked the association about it, the association said I was not eligible because I had an unpaid $100.00 […]

A Hallandale condo owner alleges the property manager failed to repair water intrusion, which has caused damage to her unit.  Alina Glushkina filed a complaint on May 18 in the 17th Judicial Circuit Court of Florida – Broward County against Meadowbrook Condominium Apartments Building #1 Inc. and Anibal Jose Orta Del Pino alleging breach of […]

QUESTION: I live in a townhome. The person who lives in the unit that backs up to mine makes a tremendous amount of noise. He is not there all the time, but when he is, there is almost always loud noise, so much that we cannot sleep in our master bedroom. We have to sleep […]

Q: We have a condominium unit owner who emails our property management literally 10 times per day with questions and requests. The manager is doing her best to respond, but the questions can be complicated and rude. How do we handle this?    Read the Q&A…………….

South Florida abounds in condominiums—and associations—so today’s Topical Currents is an “At Your Service” edition, with an association expert. She’s attorney Donna Berger.  We touch on bills passed in this year’s legislative session, including those calling for criminal penalties for condo fraud, and term-limits for board members.  Of course, we take your Condo and Homeowner’s […]

Q: Recently one of the members of our board of directors resigned from the board and sold their unit. When he announced his resignation, I expected the association to schedule an election to fill the vacancy. However, at the most recent board meeting, the board voted to fill the vacancy. Aren’t the members of the […]

Q: Our condominium association is contemplating rewriting our governing documents. What are the most important issues the board should consider?   Read the Q&A……………….

Q: We are a homeowners association (HOA) and our board is constantly holding what they call “executive” meetings with all board members present. These meetings are never posted. They transact business at these meetings and don’t keep minutes. These meetings also do not have anything to do with legal issues and the association lawyer does […]

Q: Our condominium is proposing a significant remodeling project and the membership supports the change, but there is disagreement on how to pay for it. The board claims that it can borrow the money from a bank without membership approval and there are a lot of members who do not want to pay interest. Can […]

Q: My homeowners’ association is about 12 years old and we are considering doing a complete rewrite of our governing documents. Some members of the board have stated that we cannot replace our governing documents, but only amend them. Is this correct?    Read the Q&A……………

Q: My home is near the tee box of the first hole of a local golf course. Periodically (but very infrequently) an errant golf ball strikes my house. Two weeks ago a particularly bad golfer sent a golf ball right through my window, causing considerable damage. I ran out to get their name and phone […]

Q:  With hurricane season right around the corner, I am concerned about insurance for my beachfront condo. Who is responsible for fixing or replacing the building? And if my unit did get damaged, would I still have to pay the mortgage if I’m not able to live there during repairs?    Read the Q&A……………

Q: Our condominium association is trying to amend some of the use restrictions in the declaration of condominium. A disruptive owner is going door to door and asking for proxies and telling owners to “trust his judgment” and asking the owners to let him vote on their behalf. I was told that proxies are not […]

Q: Our bylaws provide that the amendments can be passed by a majority of the board of directors. I was always told the membership needs to vote to amend governing documents. Is this valid?   Read the Q&A…………..

Question: Recently, my condominium association installed a bike rack and bench on the property. Following the installation, I questioned the board whether these changes should have been approved by 75% of all unit owners. In response, the board stated that our documents allow the board to spend up to 5% of the association’s budget on […]

Q: I own a townhouse in an HOA community. During my purchase interview, the rules and regulations were explained. During the last few years, I have noticed the board members violating the rules and regulations of the complex and not enforcing same. What rights would I have as a homeowner as there is no quality […]

Q: Recently, my condominium association installed a bike rack and bench on the property. Following the installation, I questioned the board whether these changes should have been approved by 75 percent of all unit owners. In response, the board stated that our documents allow the board to spend up to 5 percent of the association’s […]

We often get asked by board members, officers and managers of community associations whether their association can charge a capital contribution fee to new owners or charge a fee for processing unit sales and lease applications.  The laws pertaining to such fees are quite restrictive for condominium associations while the laws for such fees in […]

Question: The wife of an owner (only the husband is on the deed) is running for the Board of our condominium association. Is she eligible to run for the Board? I thought you had to be an owner under Florida Law to serve on a condominium association Board?     Read the Q&A……………

Q: Our condominium association is having a vote at a special meeting to authorize major improvements to our property, which must be approved by 67 percent of all voters. We have a hard time getting people to vote. We understand that we can hold the process open for 90 days to get out the vote. […]

Q: Our condo board wants to remove 44 mature foxtail palms that shade the courtyards of our 22 coach home buildings. They claim their roots threaten the sidewalk pavers, but there are low cost solutions to address that concern. The board also raises a concern regarding the palm fronds touching the roofs, but that is […]

Q:  I live in a community association where the president of the board is violating several statutory provisions and community rules. When a homeowner brought this up at a board meeting, the president told the audience to deal with it or just sue him. What should we do?    Read the Q&A…………..

Question: My condominium association’s annual meeting is next month. Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations. While he was apparently never convicted, a lifetime ban from the securities industry was imposed against him and he was […]

In 2009, the Florida-Friendly Landscaping™ Legislation (Senate Bill 2080) was passed. This legislation helps to protect a homeowner’s right, for those living in an HOA, to adopt FFL practices. Over the years, some legal issues and HOA disputes have occurred and that is why the Legally Speaking: FFL in the Planned Community workshop has been […]

Q: At the first meeting of the new board of directors of our homeowners’ association, there was concern about approving minutes of the last meeting of the prior board. Because the new members were not on the old board, they were hesitant to approve the minutes. Should the new board approve those minutes?    Read […]

Q: Can an owner install a security camera to monitor his entrance area in a condo complex, and can the board approve this as an agenda item?    Read the article……………….

Q: Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures must be followed? Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members?    Read the Q&A………………

Q:  Our condo pool has a rule stating “no radio playing except when using earphones.” There are people in our condo — actually several board members – who frequently play musical instruments and sing out loud on the pool deck. I interpret the rule to mean that people in the pool area shouldn’t be subjected […]

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 enforce it the next day without providing any special notice to the members?    Read the Q&A…………….

Q: Our association tried to fine an owner who violated our rules, but decided the process was too complicated. Can you provide a step-by-step outline of how fines are issued and collected?    Read the Q&A……………

Q: I am on my condominium board and find myself on the losing side of most issues. The other directors routinely vote as a block and we generally disagree. I am not included on any emails. Can the other directors exclude me like this?      Read the Q&A…………..

Q: Our condominium has many mature and beautiful trees, one of which has been viewable from my unit for many years. The association removed the tree, claiming it received a report from a professional that the tree was dead. Does the board need membership approval to remove trees on the common areas?    Read the […]

Q:  In one of your columns last year, you wrote that a special committee must be appointed to count the election ballots in a condominium election. You also wrote that no committee is needed to count proxies. It would seem, that if the proxies are not opened by a committee with unit owners allowed to […]

Q: I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community? And does it really work?     Read the Q&A…………..

Question: In a recent column, you said that an owner wanting to inspect association records has to make a written request. Does a request by e-mail satisfy the law?    Read the Q&A…………

Q:  We live in a condo with a beautiful waterfront view, but the management company just put up a “Do not feed the wildlife” warning sign that partially obscures our view. We’re concerned this will hurt the resale value. What can we do?     Read the Q&A………….

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 announced immediately before the final self-nomination deadline that he intended to run for the board, and resigned […]

Q: 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. My neighbor recently purchased a large dog which barks constantly, keeping me awake at night. I filed […]

Q: We have been having constant issues with outsiders parking in the lot at our beachfront condominium and then trespassing across our property to use the beach. Can we have these vehicles towed away?   Read the Q&A…………….

Q: Our condominium election is approaching and owners have already begun mailing in their ballots. Now, a candidate is telling owners that they can rescind their ballot and change their vote and is encouraging them to vote for this candidate. Is this legal?   Read the Q&A…………..

Question: Our annual budget is always over $500,000 and requires a year-end audit unless waived by the owners, which I understand cannot be done more than three consecutive years. Is there a penalty and what could happen if the association obtains owner approval to waive the audit for more than three consecutive years?    Read […]

Q:  We live in a large condominium complex built decades ago, and it doesn’t have parking spaces for people with disabilites. We have assigned parking, but it’s far from the entrance. Does our association need to make parking accessible for people with disabilities?     Read the Q&A……………

Q: I live in a homeowners association, and I recently installed a pool. I received approval from the HOA for a specific footprint and the final product was bigger as the plans changed after I applied for HOA approval. The HOA is now threatening to fine me and lien my house. Can it do this? […]

Q: 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 days before the annual meeting). One of the members subsequently sent an email requesting that their application […]

Question: Our condominium association has been trying to amend our condominium documents since the developer sold out 10 years ago. The documents require 75% of all unit owners for amendment. This has failed several times, primarily due to voter apathy. Is there anything the board can do to amend the documents?