Q: Our condominium association is amending its governing documents. The board is not circulating a redlined document. There are too many changes to fully understand the differences. How can we determine the changes?    Read the Q&A…………..

Q: What is the potential liability to a condo association when it comes to the various taxes that come due from the income that members derive from leasing their respective condos? In other words, if the association is a bit lax in its lease approval process, could it be liable for the collection of such […]

Q: My condominium association is in the process of preparing for our annual meeting. The 40-day deadline for owners to turn in their self-nominations was at the end of December. In the first week of January, a unit owner submitted their form. She told the board that she had been traveling for the holidays at […]

Q:  I bought a home in a gated community in 2009 and have been paying the maintenance dues annually since then. Last year, the board notified the residents that it now would be charging a road assessment fee of an additional $500 — $250 the first year and then $50 a year until paid in […]

Q: I own the company that provides landscaping services to the community where I live. The association recently sent out a notice soliciting self-nominations for the board of directors. I submitted my nomination, but the board has indicated that I am not eligible to run given the current contract between the association and my landscape […]

Q: My neighbor purchased his condominium unit and the seller gave him some, but not all of the condominium documents. The seller forgot to give him an amendment prohibiting pets and, unfortunately, my neighbor has a dog. How can a purchaser be sure he or she receives all condominium documents?    Read the Q&A…………..

Q: I want to paint my home to a modern shade of white and the homeowners association has denied my request, citing it would not be “harmonious” with surrounding homes. My proposed color is not prohibited in any document or standard adopted by the Board. Can they do this?   Read the article…………..

Q: My condominium association has a website and does send out some information by e-mail. However, the manager will not post or e-mail draft meeting minutes until they are approved, as she has stated that doing so is prohibited by Florida law   Read the Q&A……………

Q: I recently purchased a condominium unit. There is a board posted next to the elevator to my unit that contains the names of all unit owners and their unit numbers. Is the association authorized to do this?   Read the Q&A………………

Q: I am a director in a condominium and was recently asked to approve a contract that had been negotiated without my knowledge or without notice being given. The contract was for the general maintenance and management of the building.  I have searched the statutes (718 and 617) and can find only two cases where […]

Q: Recently, the outdoor air conditioning unit servicing my condominium unit was struck by lightning. I turned the claim into my insurance policy. My insurance carrier denied the claim stating that it does not insure the air conditioning unit, and that the air conditioning unit is supposed to be insured by the condominium association under […]

Q: Our board of directors is trying to improve on its use of technology. The bBoard recently circulated an online survey to ask whether the membership approved of certain changes to the common elements, including the lobby and the monument sign. The board recently emailed the condominium owners the survey was so successful that it […]

Q: I live in a homeowners’ association, and I have two questions concerning me: (1) what is the Board supposed to do when there is a surplus of funds at the end of the fiscal year; and (2) Do I have a right to request a copy of the Association’s receivable report from the Association, […]

Q: One of our condominium residents smokes on their lanai. The secondhand smoke prevents other residents from opening their windows or using their lanais. What options does the association have to prohibit smoking in the building?    Read the Q&A………….

Q: I recently moved from a condominium to a single family home with an association that takes care of common areas. I know that the condominium statute requires membership approval of certain “material alteration or substantial additions” to the property. At the last meeting of the board for my new association, they discussed substantial upgrades […]

Q: Can a board member also be a member of a committee, such as the fining committee or the landscape committee?   Read the Q&A……………

Q: The board of directors in my homeowners association (HOA) meets every month and provides a cursory financial report with little detail. We have requested the treasurer and board provide more information, but the board responds that we can get the detail at the property management office. Does Florida law provide any redress?   Read the […]

Q: I am a member of my condominium association’s board of directors. Recently, we were discussing how the association’s reserve funds should be invested. Historically, we have kept the association reserve funds in savings accounts and CDs, which are fully insured. However, the returns on these accounts have been minimal. Certain members of the association […]

Q: The board of directors of my homeowners’ association recently adopted a rule allowing owners to vote through use of an internet site. I signed a form saying that I wanted to vote on the internet. The board then decided to use electronic voting for our recent annual meeting. I did not get a notice […]

Q: My condominium association holds an annual holiday party at a nearby restaurant. The association pays for everything, including the banquet hall, food and refreshments, by using common funds. Is this a proper common expense?    Read the Q&A…………..

Q: I am the president of my homeowners’ association and recently the board voted to proceed with a construction project within the community. Shortly after the vote, the association received a petition signed by a number of owners asking the board to reconsider the issue. Since the board has already discussed and voted on this […]

Q: I have an investment condominium and the new management company charges $200 for an application. I thought $100 was the max allowable? Any info is appreciated thank you.   Read the Q&A………….

Q: The annual meeting for our condominium association is scheduled for the end of November. Directors serve two-year staggered terms. We have a five-person board and three seats are up for election this year. Only one notice of intent was submitted 45 days in advance of the date of the annual meeting. Will two of […]

Q: Under what circumstances are owners entitled to receive regular mail notices, and is the association allowed to save postage expenses by emailing the notice to these owners?    Read the Q&A……………

Q: I live in a coach home where two units share a common wall and the air condensate drain line is inside the common wall. When it clogs, my unit sustains water damage. When there is a common wall situation, who maintains the line?   Read the Q&A……………

Q: Our condominium board is adopting a budget next month and they claim reserves are fully funded, but there is clearly not enough funds in some of the categories to replace the component. What does “fully funded” mean?      Read the Q&A…………..

Q: Do you have any updates regarding the fire sprinkler requirements and whether condominium associations should vote to opt out of them?   Read the Q&A………….

Q: My neighbor is being pursued by our board for a seemingly benign or conjured violation which could result in a fine being levied. Our condominium documents have a “boiler plate,” catchall nuisance provision. Can an open-ended “nuisance” provision be used to manufacture a so-called violation?       Read the Q&A……………

Q: Our homeowners association (HOA) is adopting its budget in a few weeks and there is chatter that the board will be changing accounting firms, but there is no indication that the board has obtained bids and the accounting budget has increased from last year. Shouldn’t this be done at an open meeting?    Read […]

Q: Do I have the right to know the compensation package of employees of my homeowners’ association?    Read the article………….

Q: The board of our condominium association recently ordered a commemorative bench in honor of a past employee. The board originally intended to pay for the bench using association funds. However, now that the directors have learned that some members are not in favor of the purchase, the board is asking for donations. Assuming the […]

Q.: Has the law been amended to authorize the Division of Florida Condominiums, Timeshares, and Mobile Homes to investigate complaints against homeowners’ associations?    Read the Q&A…………..

Dezer’s firm and his entire development team — from the general contractor to the engineers — were just sued in Miami-Dade Circuit Court by the Millenium condo association in Sunny Isles Beach. The suit alleges that the building suffered millions of dollars in damages as a result of the Porsche tower’s construction next door.  The […]

Q: I have been pushing my other condominium directors to commission a reserve study, but it is not in the budget and the rest of the board does not want to spend the money. Is there an alternative to a reserve study?    Read the Q&A………..

Q: We live in a 55 or older co-op park. Last year the board had a no trespassing order put in place for one year for a problem visitor. This order was supposed to be able to be renewed after that year. Within that year, this person has been seen in the park numerous times […]