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All Posts By Joseph Adams

Night Swimming Governed By State Codes

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Q: Our homeowners’ association pool is only open from “dawn to dusk.” With the time change, it gets dark early. Residents who work are not able to use the pool during the week. Can the board change the pool …

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Board Members Can’t Vote By Proxy

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Q: I have an HOA question about board members voting by proxy. I believe that they cannot submit their own personal vote via proxy, but are they allowed to simply collect unlimited proxies? The board members collect and give the …

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Board Makes Parking Rules

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Q: Is it necessary for the board of my condominium association to get a vote from the owners to change parking rules? They want to restrict me from parking my third vehicle on the property. I have been living here …

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Condominium Insurance Explained

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Q: We recently discovered that the air handler drain in the unit above us became clogged resulting in water damage to our unit. Our insurance covered some of the costs, but not all. We were not in the unit when …

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Use of Easements Limited by Intent

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Q: My homeowners’ association has maintenance access easements over certain areas across the lots adjacent to a pond. Does this mean that all homeowners’ association owners/members are allowed to walk over these access easements to access the pond? (D.P., via …

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Limits on Amending Rental Rights

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Q: I live in a condominium and want to know if there is a state statute that limits the number of units that can be rented in a condominium or can the owners establish such a limit? (R.B., via e-mail) …

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Homeowners’ Association Documents Should Discuss Amendment

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Q: My homeowners’ association is considering amendments to its governing documents. A question has come up concerning what membership vote is required to amend the documents. Can you please advise? (G.R., via e-mail)

A: There is …

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Board Members Cannot Vote by Proxy

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Q: My condominium association has been questioning when owners and board members can vote by proxy and the differences between a general and limited proxy. Can you explain when proxies can and should be used by either board members …

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Boards of Directors Can Hold Closed Meetings for Certain Purposes

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Q: When can a condominium board of directors hold a meeting which is closed to the owners? (P.C., via e-mail)

A: Pursuant to Section 718.112(2)(c) of the Florida Condominium Act, meetings of the board of administration …

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Condominium Associations Can Purchase Property

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Q: The board of directors of my condominium association have been discussing purchasing an adjacent parcel of land. There is a question in the community as to whether this is allowed. Can a condominium association purchase additional property? (N.K, …

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