LATEST NEWS & UPDATES
Rollover of Excess Funds Normal
Q: If there is an excess in monies collected from the annual budget, must the excess be returned to owners, or can it be used to reduce maintenance fees for next year? (E.O., via e-mail) A: The annual budget estimates the revenues and expenses for the year. Although...
HOA Election Procedures Explained
Q: What is the accepted practice that my homeowners’ association should follow for opening and counting secret ballots used to elect the board? (J.D., via e-mail) A: Section 720.306(8) of the Florida Homeowners’ Association Act provides that if the governing documents...
Omnibus Bill (SB 630) Brings Changes for Florida Condos, Cooperatives and HOAs
This year’s large community association omnibus bill will likely become law. This bill, which bears an effective date of July 1, 2021, contains changes which will impact condominiums, cooperatives and HOAs. At more than 100 pages, we will discuss only some of those...
Association Voting During the Pandemic, What Can We Do?
Although the advent of vaccines signals the end of COVID-19, the pandemic remains a fixture in our landscape and undoubtedly will for some time to come. As Southwest Florida community associations typically have most of their meetings during the “season,” this...
Police Cruisers May Park In Neighborhood
Q: My homeowners’ association has a rule that prohibits commercial vehicles from being parked in the driveways. A question came up as to whether this rule would apply to a police cruiser that is driven by one of our owners who is a law enforcement officer. The board...
Does a Community Association Board President Have Executive Action Authority or Unilateral Powers?
Community associations are not administered by a single director or officer of the board, instead, the affairs of such associations are administered by its board. The articles of incorporation and/or bylaws of an association most often specify the required minimum...
Here We Go Again: Developer-Friendly Politicians Once Again Try to Tinker with Consumer Protection Legislation
Chapter 558, Florida Statutes and Section 553.84, Florida Statutes are consumer-friendly statutes drafted and signed into law years ago to protect Florida homeowners, HOAs, and condominiums, provide for the resolution of construction defect claims, and promote the...
Association Cannot Edit Candidate Resumes
Q: For our condominium association’s upcoming election, the blank candidate information sheet provided by the management company has a signature and date line at the bottom. Is it required that candidates running for the board of directors to sign the candidate...
Weighing the Costs: Common Sense/‘Cents’ COVID-19 Measures for Community Associations Reopening Common Elements and Common Facilities
One full year into the COVID-19 pandemic and people have really started to appreciate (or abhor) their neighbors. The extra time at home or stuck in one’s condominium unit has caused an increased sense of awareness and, in some cases, aggravation regarding the comings...