Associations across Florida have anxiously awaited the Florida Supreme Court’s decision in Bartram v. U.S. Bank Nat. Ass’n, 2016 WL 6538647 (Fla., November 3, 2016). While the underlying facts in Bartram are somewhat convoluted, the …
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 …
The Association Foreclosed On A Delinquent Owner. Is The Mortgagee Entitled To The Rental Income?
Condominium and Homeowner Associations are never anxious to take on properties abandoned by owners. Yet with the mortgage crisis many properties were left vacant for years. In the interim, unpaid assessments continued to accrue and the properties were ripe for …
Borrowing Money
As buildings age, repairs become necessary. For associations that have not funded reserves, money will be in short supply, leaving two possible options depending on what is permitted under your governing documents: special assess and/or borrow money from a bank. …
MyCondoNeedsAWebsite.com
In less than a year, condominium associations with 150 or more units (that do not manage a timeshare) will be required to have a website for the purpose of posting digital copies of certain official records so members can access …
Engineered Life Safety System (ELSS) Lobbying Initiative
For the 2018 Legislative Session, Becker & Poliakoff’s Community Association Leadership Lobby’s (CALL) will once again tackle the thorny issue of older Florida high-rises that have previously opted out of sprinkler systems still being required to retrofit with …
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 …
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 …
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 …
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 …