Q: What constitutes a conflict of interest for a board member in their role of representing and making decisions on behalf of the condominium association? (S.W., via e-mail)
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Enforcement Consistency Issues Explored
I am on the board of a 54 home HOA. One of the owners has basically all plants in his front yard. That has been that way since I moved into the community 14 years ago. I don’t believe …
Ideal Board Composition Questioned
Q: During our recent condominium association board meeting, we received questions about how the number of board members impacts our effectiveness. Is having an odd number of members important to avoid tie votes? And, does having an even number, …
New Hurricane Protection Law Questioned
Q: What is the penalty, if any, for a Florida condo association that refuses to adopt hurricane protection specifications? We have none and there is no interest in doing so. Seems to fall into “they won’t find out about …
Association Mold Remediation Role Questioned
Q: What are the powers and duties of a condominium association in Florida regarding unit repair and reconstruction to treat mold after a hurricane? (L.N., via e-mail)
A: Like many legal issues, “it depends.” Mold has …
Retroactive Application of Rules Explained
Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, …
Meeting Motion Starts Fireworks
Q: At the recent annual meeting of our condominium association, the president asked at the end of the meeting if there was any “new business.” I raised my hand and made a motion to appoint a committee to audit …
Smoking Ban Raises Questions
Q: My condominium association board recently implemented a “no-smoking” policy after receiving numerous complaints about second-hand smoke. Several residents continue to smoke in their unit and on their balcony, insisting they have the right to do so in their …
“55 and Over” Housing Explained
Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail)
A: The federal …
“Single Family” Use Restriction Questioned
Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when …