Board Elections are Here
Florida Association News recently sent out a Board Education Special Edition focused on providing resources for newly elected and existing board members. You can view this edition online by clicking here
. You can also find a full listing of Campbell's Free Board Certification Courses online at http://campbellpropertymanagement.eventbrite.com/
. We hope you find all of these resources helpful.
Industry News and Articles
Keep in mind some of the articles are directed towards HOAs or Condos specifically, but most can be applied to all types of community associations.
Condominium Board Member Votes Must Be Recorded In The Minutes
posted by Joseph Adams, February 27, 2013
In a recent article, you stated that the condominium law requires the vote of every director to be recorded in the minutes. If seven directors attend the meeting and the motion is carried seven to zero, can the minutes simply state that the motion was “unanimously carried” without separately naming each director and their positive vote, which would seem somewhat redundant? Likewise, if the vote were six in favor and one opposed, would the statement “six directors voting in favor with Mr. X voting opposed” be sufficient?
Does the Americans with Disabilities Act ("ADA") Apply to an Association's Common Areas or Common Elements?
posted by Elizabeth A. Lanham-Patrie, Esq.
February 27, 2013
The ADA covers a variety of prohibited activities with regard to discrimination against “disabled” persons, ranging from discrimination in public accommodations to discrimination in employment settings. Title III, of the ADA, the section most likely to apply to community associations, prohibits discrimination on the basis of a disability by a private entity in a place of public accommodation. Title III also requires alteration to places of public accommodation and new places of public accommodation to be readily accessible and usable by a person with disabilities. Read more
The Law Protects Proxy Vote in Condominiums
posted by Joseph Adams, February 27, 2013
Question: We recently received a proxy for our upcoming condominium association’s annual meeting. The proxy states that if we do not appoint a proxyholder the secretary will be the proxyholder and cast the votes for the absent members. What would prevent the secretary from “loading the vote”? Read more
Your Right to Privacy vs. Community's Security Protocol
posted by Donna DiMaggio Berger, Esq.
February 22, 2013
Last week a member of my HOA's board of directors caught me out on a jog and asked me if it was legal for the guards at our entrance gate to scan in the drivers' licenses of people seeking access to our community. Apparently, more and more associations with guard gate features are gathering this kind of information in an attempt to keep track of who is entering and exiting their premises. Read more
Condo Has Uninvited Guests, Especially During Spring Break
posted by Joseph Adams, February 18, 2013
Our association operates a beachfront condominium. We regularly experience problems with people who are not staying at the condominium using our parking spots, our beach chairs and other amenities. This happens most often during spring break. Is it appropriate for a board member to walk around with a tee shirt and baseball cap with the word “Security” on it to deter these violators? Read more
Liability for Unpaid Community Association Assessments After Lien Foreclosure
Rania A. Soliman, Esq., February 15, 2013
When property owners stop paying their mortgage, they typically stop paying community association assessments as well. In fact, it is more likely that a property owner will not pay association assessments, believing incorrectly that the homestead provision of the Florida Constitution protects the property from forced sale by a condominium or homeowners association. However, associations are given the right to lien property (even homestead) and foreclose on the lien. Since it could take over two years to complete a mortgage foreclosure action, associations have been pursuing their own foreclosure in order to rent out the property in an effort to recoup some of the lost revenue resulting from property owners’ failure to pay the assessments. Read more
Use of Secret Election Ballots in HOA’s Must Be Authorized in Governing Documents
posted by Joseph Adams, February 14, 2013
I read your November 18, 2012 column relative to voting in an election of directors of a homeowners’ association by secret ballot and note with interest that owners can, in fact, vote by secret ballot. It seems that an additional step may be required before we can start using secret ballots. Is an amendment of our governing documents necessary? Read more
Does your association pay for residents’ internet service used for business?
posted by Charlotte Greenbarg, February 12, 2013
Our association has had an interesting request from a unit owner who plans to be in his condo for the month of February and conduct business while there. It’s the first such request we’ve had.
The Wi-Fi service is sometimes spotty and slow, and he has asked us to upgrade the service. While the president and I agree the service could be better and are looking at the contract to see exactly what it says about expectations and upgrades, we also don’t think all the unit owners should be required to pay more so he can do business from his unit. Read more
Statutes Detail Reserve Account Rules For Capital Expenditures
posted by Joseph Adams, February 11, 2013
I live in a homeowner’s association where the owners actually own their units. Is it proper for the association to reserve for roof replacement or repair?
Board Member Elections and the Importance of the Notice of Intent to be a Candidate - Condominium Associations
posted by Adam W. Carls, Esq., February 8, 2013
As most residents living in Florida condominium associations know, Directors are typically elected to the Board by the Members of the Association. The election process, which is governed in part by Section 718.112(2)(d), Florida Statutes, includes many requirements and deadlines that must be followed in order for the election of new Directors to be valid.
One of the requirements of this statutory election process falls upon the Members who wish to be candidates in the upcoming election. The statute provides that any Unit Owner or other eligible person who wants to be a candidate for the Board of Directors must give written notice of their intent to be a candidate to the Condominium Association at least forty (40) days before the scheduled election.
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