Q: I understand that the board of directors of my condominium association has the authority to levy special assessments. However, is there any requirement on when special assessments must be due? Does the association have to allow at least 30 …
Joseph Adams
Joseph E. Adams has concentrated his entire legal practice in the area of Condominium and Planned Development Law for over 30 years. He is widely recognized as a leading expert and thought leader in the field. During his career, Mr. Adams has provided legal counsel to over one thousand community associations, primarily in Southwest Florida, where he serves as the Managing Shareholder of Becker’s Naples and Fort Myers offices. Mr. Adams is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.
Board Workshops Covered by Sunshine Law
Q: I understand that if the board of directors posts notice for a meeting, and a majority of board members are there, that is a board meeting. However, what if a board just holds a workshop to discuss certain items …
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“Estoppel” Fee Explained
Q: I recently contacted my condominium association to get an account status for refinancing my mortgage. I was charged $299.00, which seems like a lot. Is this a valid charge? (J.R., via e-mail)
A: The Condominium Act, the Cooperative …
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Neighbor Complaint Letters Not Confidential
Q: Our association has a requirement that no cars be parked in the street. I keep receiving letters from the manager saying that keeping a car parked in front of my house is a violation and that the letters are …
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State Publishes Mandatory Condo Form
As previously discussed in this column, the Legislature adopted SB4-D effective May 26, 2022. In addition to imposing new requirements for structural inspections for buildings of 3 stories or more in height, and significantly changing the reserve laws, the new law …
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Neighbor’s Secondhand Smoke A Bother
Q: Can a condominium association ban smoking inside condominium unit? I have discomfort and health concerns related to my neighbor’s constant smoking. (M.C., via e-mail)
A: There is no case law on this topic, and it is not addressed …
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Notice of Board Meetings Must Be Posted
Q: It is my understanding that board meetings require paper posting of notice on the condominium property. However, our board does not always post notice saying that “they forgot.” What action can be taken to address a failure to post …
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‘Master’ Association Documents Usually Controlling Authority
Q: I own a unit in a condominium association that is part of a larger community made up of a number of other condominium associations and homeowners’ associations, all of which are governed by a master association. This raises questions …
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New Structural Safety Laws Create Questions
Q: I have heard that there will be efforts to change the new condominium law about inspections and reserves. Can you shed any light on what the proposals might be and their chances of passing? (S.G., via e-mail)
You …
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HOA Lien Procedures Explained
Q: There has been confusion on my HOA board regarding when the association can record a lien against a delinquent owner. I thought we could lien after 45 days, but our manager says we must give a warning letter first. …
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