Q: I have served on my condominium association’s landscape committee for the past several years. The committee is responsible for reviewing the association’s landscaping, coordinating with our landscape contractor, and making suggestions to the board. At a recent board …
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 Cannot Vote by Email
Q: My condominium association recently engaged an attorney and a question has come up as to whom the attorney represents, the association, the board members, the management company, the owners, or all of the above. Who is the attorney’s …
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New Term Limit Law Not Retroactive
Q: In one of your recent columns, you wrote about a new law that imposes term limits of eight years on condominium directors. Is this retroactive? (S.L. via e-mail)
A: In my opinion, no. …
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Certain Satellite Dishes Permitted By Law
Q: My next door neighbor wants to install a satellite dish on his house. I am worried that it will create an eyesore next to my home. I read our association’s documents, but they do not seem to address …
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Board President Should Vote
Q: There is some confusion when the president of my association is required to vote. Does the president vote whenever the rest of the directors vote on an issue, or is the president only supposed to vote in order …
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Board Must Allow Renewable Energy Devices
Q: I would like to install solar panels on the roof of my home, but I did not see any standards addressing this within my homeowners’ association’s documents or architectural review guidelines. Would I be allowed to install these …
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Tenants Have Right To Use Common Property
Q: Our condominium recreational facilities have been very popular this summer. We have received many complaints from owners that they have not been able to enjoy the pool due to the number of guests and renters using the pool. …
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“Non-Vote” Can Be A “No Vote”
Q: The declaration of covenants for our homeowners’ association says that it can be amended by a “two-thirds vote.” There are 120 lots in our community. Most people believe that we need 80 votes (two-thirds of all lots) to …
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Updating Documents Requires Getting Out the Vote
Q: My condominium association still operates under our original documents from the early 1980s, which have been amended a couple of times. From what we can tell, the documents have never been updated from what the developer gave us. …
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HOA Governing Documents Explained
Q: I recently purchased a home in a development that is under a homeowners’ association. When I purchased, I received “the documents” for our community. I am confused how these documents relate to each other and what the different …
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