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Time for Annual Legislative Review

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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 …

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Owners Cannot Use E-Mail to Vote

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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

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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

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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

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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

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Q:        Has the law been changed to allow grilling on condominium balconies? (J.S. via e-mail)

  1. Yes. The Sixth Edition of the Florida Fire Prevention Code, effective December 31, 2017, permits the use …

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Board Members Can Be Recalled Without Cause

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Q:        I have heard that a condominium board member can be removed from the condominium association board by a process called recall. What causes can be used to justify the recall? (C.Q. via e-mail) …

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Sunshine Law Applies to Interviews

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Q:        Recently my condominium association’s board held interviews with proposed new landscaping companies. All of the board members were present for the meetings. However, there was no notice posted and unit owners were not invited to attend. When …

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Fining Committee Not a Rubber Stamp

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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

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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

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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

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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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