LATEST NEWS & UPDATES
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...
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 does the law require the board to...
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 Homeowners’ Association Act, found at Chapter 720 of the...
Condominium Associations can Require Unit Owners’ Keys
Q: I am a new owner in a condominium. The board has asked me for a key to my unit, but I am hesitant to give it to them. Can they require me to provide a key? (M.R., via e-mail) A: Probably. Section 718.111 (5)(a) of the Florida Condominium Act states...
Delinquent Board Members May be Required to Leave Positions
Q: Our annual meeting and election is coming up and our board has been discussing the relevant procedure. Is it possible for us to go through simpler procedure because we are a smaller condominium association? (S.W. via e-mail) A: Possibly, if your...
Conflicts of Interest – Is it time for a new Code of Conduct?
It has always been the obligation of Board members to serve for the benefit of the entire community. Doing so requires that they carry out their duties in good faith with the care of ordinarily prudent people. To safeguard and promote the welfare of the community,...
Year End Surplus Treatment in Board’s Hands
Q: What must be done with a condominium association’s operating surplus at the end of the year? Is it true that it must be returned to the owners in the form of payment or a credit to next year’s budget or assessment? (J.S. via e-mail) A: Condominium...
Associations Should Prepare for Disaster in Advance
We are now over a month past Hurricane Irma. While it certainly could have been significantly worse for Southwest Florida, many community associations are still working through a variety of difficult issues, including processing insurance claims, continuing...
IS A TRUSTEE OR BENEFICIARY OF A TRUST ELIGIBLE TO RUN AND/OR SERVE ON AN ASSOCIATION’S BOARD OF DIRECTORS?
One of the questions we receive over and over from our clients is the question “is a trustee or trust beneficiary eligible to run for and/or serve as an association board member?” While the question is not directly addressed in either Chapter 718, Florida Statutes...