Q: In a previous column, you mentioned the new statute that deals with building inspections and reserves. I understand the reason for these changes, but do not understand how they are enforced or how extensive they are. Can you …
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 Agendas Questioned
Q: My homeowners’ association board has voted on topics that were not posted on the agenda; therefore, homeowners did not know they would be voting on these items. Is this legal? (G.P., via e-mail)
A: In …
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Can Board Decide on New Roofs?
Q: My condominium association board voted to replace the roofs on the condominium buildings, which are 20 years old. I am not aware of any major issue with the roofs. Our condominium documents say that any capital improvement must …
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New Law Addresses Building Safety
In a surprise move, the Florida Legislature decided in its pending Special Session to take up the “Surfside legislation” that did not pass during the Regular Session earlier this year. A Bill was adopted unanimously by the Senate on May 24, …
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Voting Requirements Cause Frustration
Q: The condominium documents for my association require that 75% of all members must vote to approve any amendments. The association has trouble even getting a quorum of members to attend meetings. Can the association approve an amendment based …
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Should Board Members Be Paid?
Q: Is a condominium association permitted to pay the members of the board of directors? Board members spend a lot of time and energy in a thankless job. It only seems fair that they should get some benefit for …
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Management Company Conflict of Interest Questioned
Q: Can the president of a condominium association also be an owner of the property management company that represents the association or is that a conflict of interest? (K.R., via e-mail)
A: The facts you describe create a rebuttable …
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Right to See HOA Records Process Questioned
Q: I understand that the Florida Homeowners’ Association Act states that if a request to inspect records is sent by certified mail and the association fails to make their records available within 10 business days, the statute imposes a …
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Absentee Directors A Concern
Q: Our condominium board president has filled vacancies with “snowbirds” that are not here for most of the year. Does Florida law require their attendance at regular board meetings? Are there any requirements for attending a minimum number of board …
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Short Term Rentals A Neighborhood Problem
Q: How can a homeowners’ association regulate owners renting out their houses to short term guests? If the association were to enforce with a penalty, how can it collect on it? (E.H., via e-mail)
A: The place to start …
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