LATEST NEWS & UPDATES
Authority of Board President Questioned
Q: An issue has come up in my condominium association regarding the role of the association president. Some members, including the current president, feel that the president of the association has the authority to take any action on behalf of the association without...
Responsibility for Tree Branches and Roots
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway? Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove...
The Membership Poll – The Pros, Cons and Confusion
The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice is often blurred without any practical guidance available for well-intentioned directors who want to do the very best they can for...
The Ins & Outs of Preparing a Condominium Association Budget
In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has fiduciary...
Community Association Q&A: Are Videos Official Records?
Q: My condominium association has installed several security cameras in the common areas, including the pool area. There was an incident between myself and another owner last week at the pool and I requested a copy of the security camera video footage. I submitted my...
Owner Feels Locked Out from Information
Q: I live in Canada and own a condominium unit in Florida. I cannot travel yet to go back to Florida and my condominium board president has blocked me from sending him e-mails. What are my rights to get information about finances, planned maintenance, and minutes of...
Becoming “55 and Over Condo” Requires Several Steps
Q: Our condominium association is considering converting into a “55 and older” community. Is it true that 80% of our units must vote “yes” to effectuate this change? (D.J., via e-mail) A: No. The federal Fair Housing Amendments Act of 1988, as amended by the Housing...
Your Condo Building Still Can Require Masks & Much More
Written by David Lyons, Sun Sentinel. For more than a year, condo associations had to become COVID-19 traffic cops for hundreds of thousands of Floridians in high-rises and sprawling complexes. They had to enforce the use of masks, social distancing and rules for...
Common Interest Is Broader Than You May Think
Generally speaking, private conversations between an attorney and client are privileged and their contents cannot be discovered. The same is true with respect to an attorney’s work product and his mental thoughts and impressions. These privileges are so engrained in...