Q: Our condominium association assigns one vote per condominium unit, regardless of the number of owners or the number of occupants. If the owners of a single unit disagree, and the unit is only permitted to cast one vote, is this not disenfranchisement in violation of the US Constitution? Read the Q&A…………………
Regulators approve increases in Citizens Insurance commercial premiums
State regulators approved premium increases Friday for commercial policies issued by Citizens Property Insurance Corp., including a nearly 12 percent increase for condominium association common property in wind-vulnerable coastal areas. Premiums on those policies would increase by 11.9 percent effective Feb. 1. Citizens had sought an increase of 12 percent. Multi-peril policies for other condo […]
Can condo board change common areas without a majority vote of unit owners?
Q: Our bylaws were amended to allow the board to approve material alterations to the common areas that cost $10,000 or less by a majority vote of the board. The amendment was properly adopted by the unit owners. Is this a lawful amendment? Seems as though the board could authorize a number of “material alterations” […]
Six years on, Kolter Signature Homes lawsuit goes to trial
After six years of legal maneuvering one of the longest-running cases over faulty construction in Florida is finally going to trial. Jury selection starts Tuesday in a case pitting the San Matera Condominium Association against Kolter Signature Homes, and other defendants for alleged sub-standard architecture, engineering and construction work at San Matera at the Gardens, […]
7-year rule does not apply to all condo records
Q: I recently contacted my condominium association asking to review records since I have serious questions about how things are being done. I asked to see all election documents and was told the management company only had last year’s results. I thought records had to be kept for seven years? Read the Q&A…………….
Can LLC owner be on the board and approve its tenants?
Q: There is a limited liability company that has recently acquired title to a number of units in our condominium. All of the units are leased. We want to know who owns the units and is it possible the owner of the company could get on the board to approve its proposed tenants? Read […]
Budget Tips: Labor Costs in South Florida are Increasing – 3 ways this might impact your budget.
In case of you have not noticed, construction has been booming in South Florida for a while. Contractors are faced with labor shortages and their responses include: increased pay and job training programs. This article published in the Fort Lauderdale Sun Sentinel on August 31, 2016 explains the situation in detail. Read the article………….
Cities, associations can protect residents from Zika (FL)
Government officials, homeowners and condominium association boards, and golf course maintenance professionals must look at a variety of sophisticated initiatives. Some involve altering our natural habits in efforts to prevent our residents from suffering severe illnesses that result from mosquito bites. Read the article……………..
Florida HOAs Should Regularly Review Architectural Review Board Guidelines
Question: I live in a homeowners association and serve as chairman of the architectural review board (ARB). An owner recently submitted an application to repaint the exterior of his home a bright yellow color. The home is currently painted light brown. Our ARB rejected the application because we feel that the proposed bright color is […]
Must the association approve the home’s exterior color?
Q: I live in a homeowners association and serve as chairman of the architectural review board (ARB). An owner recently submitted an application to repaint the exterior of his home a bright yellow color. The home is currently painted light brown. Our ARB rejected the application because we feel that the proposed bright color is […]
How can I find the official governing documents?
Q: I am on the board of my homeowners association. I was given a set of the governing documents but am unsure if they are current or complete. How can I find the official governing documents? Read the Q&A…………..
How can we stop a board member from disclosing confidential information?
Q: I am on the board of directors in my community and we are currently involved in litigation. One of the directors disagrees with the board’s strategy and is telling everyone in the community our strategy and strengths and weaknesses based on our attorneys’ opinions. What can we do to stop this? Read the […]
Pokémon Go Class Action Says ‘Pokestop’ Disturbs Condo Residents (FL)
The Pokémon Company, Nintendo Co. Ltd. and app maker Niantic Inc. are facing a class action lawsuit filed by a condominium association that claims its unwanted “Pokestop” designation has created a major disruption to its residents. The Villas of Positano Condominium Association Inc. filed the Pokémon Go class action lawsuit last week in California federal […]
Law does not limit association budget increases
Q: My condominium association board was recently discussing the proposed 2017 budget. It is apparent that the board is intending to increase our assessments significantly. However, I understood that the Association is limited in the amount that it can increase the budget unless the owners vote for the increase. Is that correct? Read the Q&A…………
Did my association legally adjourn a membership meeting to a later date?
Q: My condominium association was set to have a big vote on some controversial amendments to the governing documents a few weeks ago. The proposed amendments include leasing changes that are onerous to investors and changes to the pet rules that seem totally unnecessary. I am strongly against these amendments, as are many other owners. […]
Condo owners at odds with condo association
Q. Our original condominium association board foreclosed on a condo unit and rented it out for $1,250/month. A new board was seated that stopped renting this unit out on March 31, 2013. The condo unit remained unoccupied until March 29, 2016 when the board wrote off $34,136 in bad debt expense for these maintenance fees. […]
Board has right to choose how to fill vacancies
Q: My condominium association has a 5 member board of directors. Recently, one of the directors resigned, creating a vacancy. Upon learning of the vacancy, I submitted a letter to the remaining board members requesting to be appointed to the board. I never received a response and recently learned that, at their most recent meeting, […]
Older high-rise condos, co-ops must vote to opt out or install fire sprinklers (FL)
One major fallout of the quiet session was the lack of any new bill extending the ability of associations to take a membership opt-out vote to avoid having to install expensive fire sprinklers in high-rise residences. In the past, every few years the Legislature amended the applicable statute which extended the opt-out vote since 2002. […]
FHA approval and enforcing HOA speed limits
You may recall that, in 2010, the Federal Housing Authority (“FHA,” not to be confused with the similarly abbreviated Fair Housing Act) made it significantly more difficult for condominiums to get the approval required for buyers to qualify for FHA-insured loans. These regulations include requiring associations to collect adequate reserves; state that no more than […]
Man says bee swarm causing havoc in Centennial Hills neighborhood (FL)
“I’m gonna have to go back and call the HOA and tell them that we have a situation that is getting kind of critical,” he said. Andrijauskas told 13 Action News, the homeowners association called the tenant and said they will be out Wednesday to fix the problem. Read the article…………….
Should official requests come through certified mail?
Q: We have a resident asking for clarification on the proper procedure to obtain copies of an invoice for work performed in the community. In a previous column, I thought you stated that requests for official records in a condominium association must be submitted by certified mail. Does this same requirement apply to a request […]
Can trees be cut to see Gulf again?
Q: I live in a six-story condominium. My unit is on the third floor and I have, or used to have, a view of the Gulf of Mexico. There are several trees outside my unit that have become overgrown and have severely limited the view of the Gulf from my unit Read the Q&A…………….
Condominium Association Q&A: Are Grills allowed on a Balcony?
QUESTION: This past 4th of July, a lot of the units in our beachfront condominium association enjoyed the day by firing up a grill of some kind on their unit balcony. Does the Fire Code allow this? ANSWER: Sorry to say the answer to that question is actually “No.” Read the Q&A………….
Association must provide timely response to request
Q: I regularly attend the board meetings of my condominium association. When I cannot attend, I make certain to read the minutes when they are posted. In the association’s quarterly newsletter, the president announced that the association would be changing the configuration of a conference room to allow for storage Read the Q&A………….
Board needs to be fair, equitable in its decisions
Q: The board of directors of our homeowners’ association is totally arbitrary in their application of the architectural rules in our community. For example, they approve applications for some owners, but when another owner applies for the exact same alteration, they are denied. My question is whether the board must be fair and equitable in […]
Parking violation, fine raises questions from owner
Q: I recently received a letter from my homeowners’ association stating I had been fined $100 due to a parking violation by a guest visiting my home. This is the first that I’ve heard of the alleged parking violation or the fine. The letter simply stated that I had to pay $100, and if I […]
Electronic Voting for Community Associations
QUESTION: I heard that Community Associations are allowed to vote online for elections. How do we do that? ANSWER: The Florida Law was amended last year to allow community associations to conduct their election voting on-line. (Florida Statutes, Sections 718.128; 719.129 ; and 720.317) Read the Q&A…………
HOA is not obligated to answer submitted questions
Q: I recently sent my homeowners’ association a certified letter listing out five disagreements/questions I had about decisions made by the board. The president wrote back by e-mail and said that they would not answer my questions or address my concerns, but I could inspect the records of the association at my convenience. This is […]
Carillon Miami Beach’s Central Tower condo owners file suit against Z Capital (FL)
Condo owners at the Central Tower are suing Z Capital, alleging that the private equity firm is artificially driving down property values to acquire units at below-market prices, and is assessing maintenance fees while denying unit owners access to building amenities and failing to allow them to see records. Read the article………….
Laws for condominium insurance can be tricky
Q: I am a unit owner in a high-rise condominium. At a recent board meeting which I attended, the issue of insurance was discussed. The board stated unit owners are not required to carry insurance. Is that right? I thought the condominium law mandated that all unit owners must carry insurance for their units? […]
Has HUD gone too far? The rights of criminals to live in your community
Anyone who believes that big government does not already intrude too far into the lives of the citizenry of the United States of America will be even more disgusted with the April 4, 2016 advisory opinion of the U.S. Department of Housing and Urban Development (HUD), where HUD most clearly provides felons more rights than […]
HOA Act entitles members chance to speak at meetings
Q: I recently attended our annual homeowners’ association members meeting. We were asked to vote on several proposed amendments to the declaration of covenants. The changes were substantial and I had a number of comments I wanted to make at the meeting. However, when I was given an opportunity to speak, I was told that […]
Delinquent owners can be subject to suspensions
Q: Our condominium association has a number of owners who are delinquent. We have reviewed various collection options, including liens and foreclosure. I understand that there are other actions the association can take including taking away use rights in the condominium property. How can we take away an owner’s right to use the property? If […]
Changes must be highlighted for bylaw amendments
Q: Our condominium association board recently sent out proposed amendments to our bylaws. Nothing in what was sent indicates what is being deleted and what is being added. Read the Q&A………..
County won’t shut off reclaimed water to Timber Pines (FL)
The retirement community on U.S. 19 has long used reclaimed wastewater to irrigate its common areas and golf courses. Its representatives told commissioners that in a recent meeting with county environmental services director Susan Goebel-Canning, they got the definite impression — mistakenly, she says — that the county would temporarily cut off this supply. […]
HOA Documents Govern How Assessments are Allocated
Question: Our subdivision has 20 platted lots. At the time of initial development, one owner purchased two lots and built one home on the combined lots. Our homeowners’ association has only assessed this owner as if he only owns one lot. Shouldn’t the members be assessed based on the number of lots owned as opposed […]
Amendment can be reconsidered after it was voted down
Q: How many times can a board of directors request a vote on an amendment after it has already been voted down? Read the Q&A……….
Memo clarifies ADA
Q: We live in a villa home. Our community has a private golf course and similar recreational facilities. Our local association has a “no pet rule.” We are told that the ADA requires us to permit pets even if we have a rule to the contrary. This does not make sense to me. Can you […]
Inside the “Disney for Adults” That Could Help Deliver Florida to Donald Trump
The Villages appears to be one of the happiest places on Earth. So why are its residents all-in for the candidate of rage? Read the article…………
Homestead golf course up in air; developer again postpones discussion (FL)
A highly anticipated discussion about the future of Homestead’s Keys Gate golf course has been postponed again, this time until April. Developer Wayne Rosen on Thursday deferred the hot topic until the next council meeting on April 20. The subject will no longer be discussed on Wednesday, March 16. The item was initially to be […]
Can condo owners cancel bulk TV contract?
Q: Our condo has long had a bulk cable TV contract, providing service to all of the units. Recently our board decided that it wants to do the same thing for Internet service. This would represent a discount for residents — but an additional expense for those not interested or those who live here only […]
Association’s bylaws should guide board election method
Q: Our homeowners’ association recently had its annual election for the board. We have five board members, and only four people filed papers to run. I came to the annual meeting and nominated my next door neighbor for the fifth seat. Read the article…………
Grilling on the Balcony: What is Permissible in Florida Condominiums?
Question: My unit has a screened balcony (some people call it a “lanai”). I understand that I cannot use a gas grill out there, but I enjoy using my electric grill when the weather is nice. The association recently published an article in our monthly newsletter that stated that we are no longer allowed to […]
Are law enforcement vehicles subject to Community Association “commercial vehicle” bans?
One common provision in homeowners association’s and condominium association’s governing documents is a prohibition against the keeping of “commercial vehicles” within the community. Read the article………
Association limits campaign signs in common areas
Q: I am a candidate for the board of my condominium association. I made some campaign posters which I posted in the community center to announce my candidacy and to introduce myself to the owners. The association told me that I had to remove the posters. As a candidate for the board of my condominium […]
Drone Regulation in Community Associations
QUESTION: One of the residents in the community is flying a drone around the homes. Is there any law on drone regulation? Read the Q&A………..
Condo Association Bylaws May be Path to Board Takeover (FL)
The acquisition of condominium units by investors, including bulk-buyer unit purchasers, has served a critical role in the recovery of the South Florida real estate market. These concerns acquired scores of units at condominium developments during the height of the foreclosure crisis and enabled the associations of many distressed developments to regain their financial footing. […]
Association Lawyers Get New Florida Bar Certification
Condominium association lawyers are celebrating a newly created Florida Bar certification for specialists in condominium and planned development law. With multifamily developments and related litigation on the rise, proponents say the new certification reflects the nuanced complexities of a niche practice area focused on condo developments, commercial and residential community associations, cooperatives and recreational organizations […]
Certain procedures should be followed in tie votes
Q: My condominium association just had their annual meeting and election. Two candidates tied for the final available spot. The manager told everyone a runoff election would have to be held if the two candidates couldn’t “work it out.” Read the article………….
Directory information subject to privacy protections
Q: I asked our condominium association for a list of all unit owner e-mail addresses and was refused. We have an “owner directory” that has some e-mail addresses. If the board has new e-mail addresses, shouldn’t they have to give them to me? Read the Q&A…………