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All Posts By Joseph Adams

Delinquent Owners Can’t Serve on Board

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Q: Our condominium association’s bylaws provide that for an owner to be qualified to serve on the board, he or she cannot be delinquent more than 30 days. Our manager says the state statute says 90 days and supersedes …

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Lowest Bidder Need Not Be Hired

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Q: My homeowners’ association recently put out bids for repaving of our roads and hired the lowest bidder. Is this legal? (J.M., via e-mail)

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Single Director Can’t Set Agenda

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Q: Can any board member place items on the meeting agenda? (C.B., via e-mail)

A: This is one of those “chicken and egg” issues that has no clear answer. The statutes do not address it. Very few bylaws …

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Owner Social Media Page Raises Questions

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Q: Our homeowners’ association has a new board that is currently working on the transition from the builder. Residents have become quite vocal, and complaints are numerous about general association matters and other residents. A resident set up a …

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Association Cannot Edit Candidate Resumes

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E-Mail Inspection Rights Questioned

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Q: A member of our homeowners’ association board shared a few e-mails that were sent between board members. In these e-mails, the board members discussed association business, individual homeowners, and how they planned to handle certain decisions. Are these …

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Authority of Board President Questioned

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Q: An issue has come up in my condominium association regarding the role of the association president. Some members, including the current president, feel that the president of the association has the authority to take any action on behalf of …

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Common Elements Cannot Be “Colonized”

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Q: Can the board of a condominium association allow unit owners of certain buildings to fence in areas that are defined as common areas per our declaration and plats? Once fenced, the areas would be exclusive to the respective …

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Association Voting During the Pandemic, What Can We Do?

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Although the advent of vaccines signals the end of COVID-19, the pandemic remains a fixture in our landscape and undoubtedly will for some time to come. As Southwest Florida community associations typically have most of their meetings during the “season,” …

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Police Cruisers May Park In Neighborhood

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Q: My homeowners’ association has a rule that prohibits commercial vehicles from being parked in the driveways. A question came up as to whether this rule would apply to a police cruiser that is driven by one of our …

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