Q: A member of our condominium association board recently resigned, unexpectedly, part way through the first year of their two-year term. According to our bylaws, a board member appointed to fill a vacancy serves until the next scheduled election. …
Abandoned Properties Regulated By Statute
Q: What rights does a condominium association have when dealing with an abandoned unit, and under what circumstances can it go into the unit? (K.Y., via e-mail)
A: Section 718.111(5)(b) of the Florida Condominium Act provides that even …
HOA Rulemaking Procedures Questioned
Q: Recently, the board of our homeowners’ association amended the community rules without filing the updated document with the county clerk. They only noted the change on our website. Can the board enforce a rule change that wasn’t officially recorded? …
Condo Director Term Limits Questioned
Q: Our condominium association hasn’t held elections for many years due to a lack of more applicants than available board seats. We are considering amending how we handle board terms and adding term limits at the next annual meeting. …
New Website Laws on the Horizon
Q: Do the new requirements for associations under Chapters 718 and 720 mandate that their websites must have public-facing pages, or is it sufficient for these websites to only have a password-protected area for members to access the required …
Delinquent Assessment Rights Discussed
Q: I recently reviewed communications from our condominium management regarding penalties for unit owners who fail to pay their maintenance fees. I find the penalties to be insignificant and ineffective. I am frustrated that those who don’t pay their …
Free Speech is Not Always Free
Q: Can an owner of a condominium association exercise free speech to protest issues with their condominium association? (J.D., via e-mail)
A: That is a complicated legal question. The First Amendment to the United States Constitution …
HOA Deadline Approaching/Publication of Rules and Covenants
Q: I am on the board of our homeowners’ association. I have been reading about all the new required actions our board is supposed to take. One of the new changes deals with sending our documents out. Can you …
Electronic Voting in Elections Now Common
Q: Our small condominium association (27 units) has a number of unit owners who are either foreign nationals, primarily residing abroad, or marine industry folks working offshore for months at a time. It is hard for them to vote …
Board Meeting Absences Questioned
Q: One of the board members of our homeowners’ association has attended only one meeting in the past year and has not provided any reasons for their absences. I found no clear guidelines in our association’s documents on how …