Q: Historically, the unit owners in our condominium are given the opportunity to vote on waiving reserve funding each year. When approved, this resulted in lower assessments. This year, the board adopted a budget with fully-funded reserves and …
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.
Staggered Terms Explained
Q: The board of my condominium association is elected for “staggered terms” according to our bylaws. What does this mean? (D.L. via e-mail)
A: The Florida Condominium Act provides that directors’ terms …
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Board Cannot Suspend Without Hearing
Q: Our condominium association board imposed a suspension for use of common facilities as a penalty for an owner who had been renting in violation of our condominium documents. I stated that the suspension would require approval of …
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Non-Vote Can Be A “No” Vote
Q: I am on the board for our condominium complex. Many owners have requested getting lights for our swimming pool so that they may use it longer in the winter months. We have the funds for this and …
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Quorum Needed to Conduct Association Business
Q: I keep seeing the term “quorum” in the materials for my condominium association’s annual meeting. Can you explain what a quorum is? (L.B., via e-mail)
A: “Quorum” refers to the number …
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Board Must Allow Hurricane Shutters
Q: Our condominium documents require owners to maintain windows. The board wants to encourage (or even force) owners to install impact glass. Can the board dictate the type of new windows that have to be installed? Also, why …
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Requiring Licensed Contractors is Valid
Q: My homeowners’ association requires contractors to be licensed and insured as part of the approval process for architectural review. Are they allowed to do this? (K.L. via e-mail)
A: The Florida …
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Water Leak Confounds Condo Owner
Q: I live on the first floor of a two-story condominium. My upstairs neighbor’s water heater somehow malfunctioned (I believe the tank burst) and by the time it was discovered, hundreds (maybe thousands) of gallons of water had …
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Vote Usually Not Required for Board-Made Rule
Q: Our condominium association board recently announced a new rule involving the hours our tennis courts are open. The owners were not asked to participate in discussing the new hours or vote on the rule. Was the board …
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Condominium Associations can Require Unit Owners’ Keys
Q: I am a new owner in a condominium. The board has asked me for a key to my unit, but I am hesitant to give it to them. Can they require me to provide a key? ( …
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