In the Condominium Act, it is very clear that only a unit’s owner can vote in election. That means that an election can’t be decided through the use of proxies (limited or general). There is an exception for associations with …
ICYMI: Enforcement Tool Belt – Fining/Suspension
In the proverbial “tool belt” of enforcement options available to an association for violations of the rules and regulations, the imposition of fines and suspensions is one that we frequently get questions about due to the procedures that must be …
“Vaping” Rules Questioned
Q: We have a few people who “vape” at the swimming pool at our condominium. I complained to one of them once as the fumes were blowing in my direction. They pointed to the “No Smoking” sign posted at …
HOA Board Can Purchase Bulk Cable and Internet
Q: The board of directors of my homeowners’ association is considering a bulk contract for cable television and internet service for our community. The association has never previously provided cable or internet service to the residents. If the contract …
Hoarders Present Difficult Challenges for Association
Q: Our condominium has a “hoarder” whose unit is filled with papers, newspapers, cardboard, plastic bags, and the like. I am worried about fire hazards and vermin infestation. Neither our board nor the manager are willing to do anything …
What is “Cumulative Voting” and Is It Permissible?
Q: If the ballot sent to every homeowner states you may vote up to five candidates and no more, can you cast all five votes for just one person and have that ballot counted as five votes versus one …
Avoid a Gridlock – Educate, Communicate & Plan
When strangers come together as a new board of directors for a community association, they may find they have such differing views on what is best for the building that they can feel as though they are in a no …
Is This a Conflict?
The board member in a homeowners association just hired the same pool company that is used by the association. Conflict? Not necessarily. There are provisions within the Homeowners Association Act which prohibit contracts between an association and a company when …
Raffles and Games of Chance: A Gamble for Community Associations
Historically, gambling was only illegal when it became a public nuisance. See Lee v. City of Miami, 121 Fla. 93, 163 So. 486 (1935). Today, although gambling is not generally prohibited, almost all forms of gambling are …
The Project Costs What!?! That Requires A Membership Vote
Condominium Associations are in the maintenance game it seems at times. Just when one project ends, another is beginning. Maintenance is simply a fact of life for all condominiums. A big problem arises in many condominiums, however, when the maintenance …