Read: Common Lawsuits Against Florida Condominium Boards. Once signed by Florida Governor Rick Scott, the changes to the Florida Condominium Act will be effective within a matter of weeks. The following paragraphs will discuss the key components of a well-drafted board meeting policy. This subparagraph does not apply to an association governing a timeshare condominium. Your email address will not be published. Other provisions which are not inconsistent with this chapter or with the declaration, as may be desired. and must be eligible to be a candidate to serve on the board of directors at the time of the deadline for submitting a notice of intent to run in order to have his or her name listed as a proper candidate on the ballot or to serve on the board. Vacancies are filled for the unexpired term of the seat being filled, unless otherwise provided in the bylaws. Together with the written notice and agenda as set forth in subparagraph 3., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote, together with a ballot that lists all candidates. ryan@flcondoassociationadvisor.com. About HOA & Condo Blog. Similarly, unit owner representatives such as property managers or family members have no right to attend meetings. A proxy is not valid longer than 90 days after the date of the first meeting for which it was given. In practice, if a unit owner is being unnecessarily long winded and the majority of the board feels he/ she has had sufficient time to speak, the president of the board should simply thank the unit owner and proceed with a vote. Ryan Koski, JD, CPA And while most associations must comply with the Fair Housing Act regarding race, religion and age (fifty-five and over communities may be exempt if properly qualified), it is perfectly legal to deny a "rose" to a buyer or renter who has an unlawful past or . prohibiting an officer, director, or manager of a condominium association from soliciting, offering to accept, or accepting a kickback for which consideration has not been provided; prohibiting an association from hiring an attorney who represents the management company of the association; requiring the Division of Florida Condominiums, Timeshares, and Mobile Homes to maintain and provide copies of financial reports; authorizing, rather than requiring, the division to employ full-time attorneys to conduct certain arbitration hearings; and. Florida Senate Bill 1682 Amends Florida Statute 718.111, 1. 2013-159; s. 3, ch. Regional Offices: SW Florida/Naples 3365 Woods Edge Circle, Suite 102, Bonita Springs, FL 34134 T (239) 495-3428 Broward/Ft Lauderdale 13794 NW 4th Street, Suite 208, Sunrise, FL 33325 T (954) 933-5644 Palm Beach 2385 NW Executive Center Drive, Suite 100, Boca Raton, FL 33431 T (561) 332-1360 Tampa 100 South Ashley Drive, Suite 1750, Tampa, FL 33602 T (813) 448-3981 . Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location on the condominium property where all notices of unit owner meetings must be posted. The Florida Condominium Act includes more precise budgetary requirements than the Homeowners' Association Act. However, if a unit is owned by more than one person, the association must provide notice to the address that the developer identifies for that purpose and thereafter as one or more of the owners of the unit advise the association in writing, or if no address is given or the owners of the unit do not agree, to the address provided on the deed of record. When a unit owner of a residential condominium files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days after receipt of the inquiry. 91-426; s. 3, ch. CONDOMINIUM BUDGET APPROVAL - LEGISLATIVE HISTORY. Selective Enforcement Claims Against Florida Condo Boards and HOAs: Are Associations Playing Favorites? If the proposed recall is by an agreement in writing by a majority of all voting interests, the agreement in writing or a copy thereof shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure. Adequate notice of all board meetings, which must specifically identify all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency. The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30-day period. Section 718.104 (5) Florida Statutes provides that a declaration of condominium, as originally recorded or as amended, may include restrictions concerning use, occupancy and transfer of units. Board Member Materials: One infrequently discussed but relevant issue is a unit owners right to a copy of the boards information packet. 2014-133; s. 3, ch. Further, the policy should specify (1) whether recording devices must be set up in advance of the meeting, (2) a location in the meeting room where recording devices may be placed, and (3) whether recording devices must be stationary during the meeting. 83.683 Rental application by a servicemember.. Homeowners' associations (HOAs) control many aspects of condo remodeling through the CC&Rs (covenants, conditions, and restrictions) 1, which all condo owners become legally obligated to follow when they purchase their property. The Board of Directors acquires its authority to act and are bound by the terms and provisions of the Declaration of Condominium, Articles of Incorporation, By-laws, Rules and Regulations, and any Amendments to these documents (for purposes of this blog these documents shall be collectively referred to as the "Condo Docs"). Q: My condominium association's annual meeting is next month. Below is a list of Florida case law, we use to prosecute Florida condominium cases related to condo Boards acting outside of their scope of authority and/or condo Association's failure to maintain the common elements. 97-93; s. 1773, ch. 98-195; s. 3, ch. They are non-refundable. Their Long-Standing Tenant Approval Policies. In 2003, however, the law was amended to allow for two-thirds of the board of directors to approve renewal of the HOA prior to expiration. In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property. If your association has not done so already, consider encouraging the board to draft a policy outlining the items discussed here. According to reports by the Miami Herald, this new Condo Board Law comes after members of the Florida Legislature were shocked by the expose on Condo Board abuses by reporters Brenda Medina and Enrique Flor. Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an association of 10 or fewer units may, by affirmative vote of a majority of the total voting interests, provide for different voting and election procedures in its bylaws, which may be by a proxy specifically delineating the different voting and election procedures. We value your trust. You could even hire a screening agency to ensure all the required documentation is squared away. The board president responsibilities include running the condo efficiently and are required to consult with professionals such as accountants, contractors and attorneys. The State of Florida's Online Resource for Massage Therapy & Therapists, Massage Establishments, Apprentices, and Education Program Approval Licensing, Renewals and Information - Florida Department of Health In a bipartisan manner the Florida Legislature passed an important change in how condo boards and condominiums are to conduct themselves here in the Sunshine State. This report has been updated by OLR Report 2017 . A board or committee members participation in a meeting via telephone, real-time videoconferencing, or similar real-time electronic or video communication counts toward a quorum, and such member may vote as if physically present. It is not necessary, in my opinion, to comply with the strictest interpretation of the law and never speak one word about non-agenda items. 2012-R-0339. According to reports by the Miami Herald, this new Condo Board Law comes after members of the Florida Legislature were shocked by the expose on Condo Board abuses by reporters Brenda Medina and Enrique Flor. If the condo board member is later cleared of wrongdoing and found innocent, then he or she can be reinstated to the condo board. Board meetings held for the purpose of discussing personnel matters. The bylaws must provide the method of calling meetings of unit owners, including annual meetings. The operation of the association shall be governed by the articles of incorporation if the association is incorporated, and the bylaws of the association, which shall be included as exhibits to the recorded declaration. 82-113; s. 4, ch. Just getting charged requires removal, not conviction. 2005-2; s. 7, ch. A proxy is not valid longer than 90 days after the date of the first meeting for which it was given and may be revoked at any time at the pleasure of the unit owner executing it. Under the new Condo Law, any Condo Board Member that fails to obey the terms of certain provisions of the statute must be removed from the Condo Board. Board meeting are run in many different ways. Unit owners may speak at meetings regarding items on the agenda for at least three minutes. The board shall consist of not fewer than three members in condominiums with five or fewer units that are not-for-profit corporations. 77-221; ss. This can happen more easily that you might think. 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