Condo line: How can members correct board’s shortcomings?

Q. In which court can I file a lawsuit against a homeowners association for having underage children, which is a violation of the bylaws, and for raising fees for reserves even though it was voted down by a majority of the owners?    Read more……..

Condo owners don’t want to be board members

Q: Our condominium documents state that a board member must be an owner, not a tenant. Most of our units are snowbirds or investors, including absentee owners. Many of the renters are full-time, having lived here for over three years. Some of our renters serve on committees.   Read more……….

Can an HOA Manager Advocate on Behalf of a Board Candidate in an Election?

Question: Our HOA has an election at its annual meeting (October 18, 2014) for two open board seats. This year there are 4 candidates, of which 1 is an incumbent. The Association Manager placed the incumbents name first on the ballot and is actively asking homeowners to vote for that candidate. Is this legal? Is […]

Owner refuses to pay maintenance fees in full

Q: We have an ongoing dispute with an owner. They are always late on maintenance fees and they claim they have a right to deduct half their fees because of a water leak affecting their unit. They just sent us a check for about 75% of what is owed, and said that this was payment […]

Condo has troubled history

Q: Our condominium was one of the first in Florida, built in the 1960s. I recently became a board member and find that our finances have not been properly handled. It seems that our bylaws, established in the 1960s, have restrictions on budgets and special assessments. I have been told that current Florida statutes supersede […]

Ruling could impact Citizens Property Insurance rates (FL)

A decision from the state’s highest court over lawsuits could cause Citizens Property Insurance rates to go up.  The Florida Supreme Court heard arguments Tuesday about whether the state-funded insurance company should be open to bad faith lawsuits.     Read more……..

Residents want manager changed

Q: Our condominium association has had the same management company for about five years. Our board seems content with their performance, but a number of us, primarily full-time residents, think that we are a low priority. We cannot convince the board to go out for bids and see what else might be available. Is there […]

Setting fines no way to enforce rules

Q: Our condominium does not have any options in the by-laws or other documents to fine a person. The only action we can take is to deactivate their key card to the clubhouse and pool.       Read more……..

Homeowners’ group voting on language changes

Q: The board of directors of my homeowners’ association recently sent out proposed amendments to our declaration of covenants and restrictions. The amendment we are being asked to vote on includes the new language the board wants to add but does not call out the changes by underlining the new language and crossing out what […]

Who pays when a leak damages the unit below?

Q. I live on the top floor of a three-story condominium. Recently, the owner below my apartment reported that he had a water leak, apparently from my tub/shower. Who is responsible for the repairs?   Read more……..

Dear condo owner: Move out now

In Florida, condominium owners are outraged about a state law they say undercuts their property rights.  Stephanie Krasowski spends almost every night looking for ways to save her home. She’s not in foreclosure or financial distress, but she still may be forced to sell her condo by the end of this month, reports CBS News […]

Condo board’s proposal about lockbox ill-advised

Q: The board of directors of the condominium where I live is considering placing a lockbox which contains a key to all of the units somewhere on the property. The idea being that if someone gets locked out of their unit, they can use a combination to open the lockbox to get a key and […]

Can homeowner challenge new open-door policy?

Q. Recently the board of directors of our homeowners association amended our bylaw that requires garage doors to be closed at all times except when we’re leaving or entering the garage. We are a large family with different working hours and usually leave the garage door open during the daylight hours. This change will require […]

New owner doesn’t meet condo’s age restriction

Q: I live in a 55-and-over condominium. A neighboring property recently was sold at a foreclosure auction to a young couple who moved in with their small children. This goes against the rules of our community. Is there anything we can do?   Read more……..

New owner doesn’t meet condo’s age restriction

Q: I live in a 55-and-over condominium. A neighboring property recently was sold at a foreclosure auction to a young couple who moved in with their small children. This goes against the rules of our community. Is there anything we can do?   Read more……

Can HOA board members vote by email?

Q. Your column is very helpful. Chapter 718 statute prohibits boards from voting on issues via email. Does this also apply to homeowners associations (HOAs)? I have an HOA that insists that they can approve expenditures, etc. with a quorum via email and then formally ratify at the next board meeting. I have told them […]

Palm Beach (FL) condo loses hurricane insurance fight

A Palm Beach County condominium association lost a court battle over a $5 million insurance payout for hurricane damage. Boca Bayou Condominium Association had only received $200,000 from its insurer, Southern Family Insurance, when that company went belly up, and the Florida Insurance Guaranty Association took over its claims.      Read more……..

Community Life: Association needs a very large loan

Q: Our condominium association is undertaking a very large repair project involving the structure of our building. It is a several million dollar job, and would involve a huge special assessment. There has been talk of taking out a bank loan. Can the association borrow money for this purpose? Can the association allow some owners […]

“40 Year Inspection” – Your Condo Check-Up

When a condo in Broward County reaches its 40 year birthday, it needs a 40 year inspection, which amounts to an “extensive physical exam.” The goal is to ensure that the building is safe. Accordingly, the two areas that must be examined are:     Read more………

Community Life: Email addresses are private

Q: I am on the board of directors of my condominium association. I asked the management company to forward me a list of owner email addresses so that I could update the owners as to what I have been doing as a new director. I was told that the management company is the custodian of […]

Statute changes affect board’s use of emails

Q: I own a condominium unit and am confused concerning recent changes to the condominium statute about emails. Specifically, I have heard reports that the revisions to the statute now allow board members to conduct association business by email and not just at board meetings. This would seem to exclude unit owners from participating in […]

Battle begins for Sarasota County Human Rights Ordinance

The desire for the HRO came out of a conflict with 2013 Venice condo complex, Casa Di Amici, where Nowak rents her condo to her parents. Last summer, the property released a new restrictions that stated any couple—gay or straight—that is defined as being in a domestic partnership is barred from buying a home at […]

Community Life: Amending documents

Q: I am a member of a homeowners’ association. We were recently asked to vote on amendments to the association’s declaration. After reviewing a copy of the proposed amendment that they sent with the notice of the meeting,    Read more……….

Community Life: What files are protected?

Q: I am the secretary of our association. I have read all your recent articles about the new condominium laws, but still do not understand what information contained in owners’ files I am permitted to give out.     Read more……..

HB 807 covers records, video meetings, email

Today’s column continues our annual review of new laws affecting community associations, condominiums, cooperatives, and homeowners’ associations. This year was a fairly busy one in Tallahassee, with several bills of interest passing out of the Legislature.     Read more…….

Appellate Court (FL) Rules in Favor of Association: Fannie Mae Must Pay

The Third District Court of Appeal in the State of Florida ruled in favor of The Alden Hotel Condominium Association against Federal National Mortgage Association on, April 2, 2014, following an appeal of a non-jury trial.  According to court documents, Fannie Mae had taken title to one of the condominium units through bank foreclosure and […]

Community Life: Laws affect associations

Today’s column begins our annual review of new laws affecting community associations, condominiums, cooperatives, and homeowners’ associations. This year was a fairly busy one in Tallahassee, with several bills of interest passing out of the Legislature.    Read more………

Florida’s Distressed Condominium Relief Act Gets Further Extension of Life

An extension of the Distressed Condominium Relief Act has been approved by the legislature and is under review by Governor Rick Scott. Many were worried that the sunset of the Distressed Condominium Relief Act would prevent owners who bought distressed properties from reselling these properties in bulk.      Read more……..

Condo Q&A for May 18

Our board is considering taking a loan against a unit in our condo, to reduce the amount of a special assessment. This unit is owned by the association and is used for an on-site property manager. I would guess it is considered a limited-use common area. Can this be done ?      Read more……..

Statutes control when meetings can be closed

Q: The members of our condominium association’s board of directors are debating when the board can discuss matters in “executive session.” Our documents state that we are to follow Robert’s Rules of Order which permit executive session for certain matters. Can you shed light on this issue?     Read more………

Community living: Is it possible to merge 3 associations, boards?

Q: We are two condominium (FS 718) and one master (FS 720) associations and three boards of directors. Is it possible to merge all three into one association with one governing board? I understand it would be difficult and wonder if it would be practical.    Read more………

Is proof of insurance needed for resident vendors?

Q: Our condominium association uses both residents and nonresidents as vendors to provide a variety of services to our association. Nonresident vendors are required to provide proof of insurance but some resident vendors are not required to provide proof of insurance. How should the association handle insurance by resident vendors?      Read more…….

Condo Q&A: Owner’s boat may sink condo rule

I live in a development of condos and townhouses that has 214 units. Some of the units are one-story pool villas. There is an owner with a two-car garage model who decided to store his boat in his garage when he comes down for the winter season. He trailers it with a hitch when he goes […]

Community Life: Is class closed meeting?

Q: Our condominium association recently had a “board certification” class presented to it by the association’s attorney in our clubhouse. Only board members were invited to attend. My contention is that because there was interaction between board members and ideas were probably developed, the meeting should have been posted and all owners should have been […]

Condo Q&A: Board eligibility, closed meetings

I own a unit in a medium size, 30 year-old, condo in West Palm Beach. For 30 years, our documents have been interpreted as saying that only unit owners could serve on the board of directors.    Read more……..