Today begins our annual review of new legislation affecting community associations in Florida. The main piece of legislation derives from House Bill 81, which will become law on July 1, 2018. HB 841 affects condominiums, cooperatives and homeowners’ associations. We …
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.
Owners Cannot Use E-Mail to Vote
Q: My condominium is taking a vote to authorize renovations to our lobby. Could the board e-mail the owners for their votes instead of holding a meeting? Are owners allowed to vote using e-mail? (S.B. via e-mail) …
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Owners Generally Do Not Have the Right to Approve the Annual Budget
Q: Do condominium owners have a say in approving the annual budget? (D.J. via e-mail)
A: Unit owners do not have the right to adopt or approve a proposed budget …
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Website Law Likely to Change
Q: I have heard that there is a new law requiring condominium associations to have a website. Is that true? (J.L. via e-mail)
A: Yes, although the law has somewhat …
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Owners Can Add Items to Board Agenda
Q: In a homeowners’ association, can residents request items be added to the agenda for board meetings, or can only directors do this? If so, is there a deadline by which items must be placed on the …
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State Changes Barbecue Grill Rules
Q: Has the law been changed to allow grilling on condominium balconies? (J.S. via e-mail)
- Yes. The Sixth Edition of the Florida Fire Prevention Code, effective December 31, 2017, permits the use …
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Fining Committee Not a Rubber Stamp
Q: I am on the fining committee of our association. The management company expects us to “rubber stamp” every proposed fine, but that is not always our desire. We would like to correct behavior and are not in …
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Rental Amendments Require Proper Procedure
Q: My association recently sent out the annual meeting notice materials. There is a proxy question which reads: “Should the minimum rental term be increased to 90 days?” There was no other documents or discussion regarding the amendment …
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Associations Can Borrow For Hurricane Repair
Q: Can the board of a condominium association take out a loan to pay for hurricane repairs? (M.D. via e-mail)
A: Yes. In fact, the only place the Florida Condominium Act speaks …
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Board Not Obligated to Put Reserves on Agenda
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 …
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