Condo & H.O.A. Law/How Much Can You Af­ford

Sun Sentinel Broward Edition - Homespot - Broward East - - FRONT PAGE -

Q.

A direc­tor on our condo board re­cently re­signed and the board mem­bers have been email­ing each other dis­cussing po­ten­tial re­place­ments of the re­cently re­signed direc­tor. The own­ers do not know what the cur­rent di­rec­tors are say­ing about po­ten­tial re­place­ments. Shouldn’t the board be dis­cussing as­so­ci­a­tion busi­ness at a board meet­ing?

A.

The law was changed to per­mit di­rec­tors to use email as a means of com­mu­ni­ca­tion but does not per­mit vot­ing by email. It is pos­si­ble that di­rec­tors who use email as a means to com­mu­ni­cate as­so­ci­a­tion busi­ness may be open to have their emails con­sid­ered part of the of­fi­cial records open to own­ers.

Q.

If our rules state that no mo­tor­cy­cles are al­lowed, may the board al­low an ex­cep­tion for a renter to have a mo­tor­cy­cle?

A.

No. If your as­so­ci­a­tion rules sim­ply state that no mo­tor­cy­cles are per­mit­ted, then this rule ap­plies to ev­ery­one, in­clud­ing own­ers, renters and guests.

Q.

What is a con­do­minium as­so­ci­a­tion re­quired to do prior to an elec­tion?

A.

At least 60 days prior to the elec­tion, the as­so­ci­a­tion needs to send or hand de­liver a no­tice of the elec­tion to the own­ers stat­ing the date, time and place of the elec­tion. An el­i­gi­ble per­son wish­ing to run in the elec­tion to be a direc­tor must sub­mit their “in­tent to run” form to the as­so­ci­a­tion at least 40 days prior to the elec­tion. At the re­quest of any el­i­gi­ble per­son wish­ing to run in the elec­tion, and at least 35 days prior to the elec­tion, such an el­i­gi­ble per­son may re­quest from the as­so­ci­a­tion to sub­mit a re­sume or sim­i­lar sin­gle page doc­u­ment with the as­so­ci­a­tion’s sec­ond no­tice of elec­tion. The as­so­ci­a­tion’s sec­ond no­tice of elec­tion must be sent or hand de­liv­ered to the own­ers at least 14 days prior to the elec­tion date.

Q.

May unit owner meet­ings be video­taped or au­dio recorded?

A.

Yes. The board may cre­ate rules such as re­quir­ing any per­son to video­tape or au­dio record to sign-in prior to the com­mence­ment of the meet­ing.

Q.

Are own­ers en­ti­tled to speak at board meet­ings?

A.

Yes. The board may cre­ate rules such as lim­it­ing own­ers to speak for only 3min­utes on each agenda item.

Michael Bo­gen de­votes his le­gal prac­tice to rep­re­sent­ing hun­dreds of con­do­minium and home­owner as­so­ci­a­tions. Bo­gen, who is ad­mit­ted to prac­tice law in Florida, Wash­ing­ton, D.C., and Nevada, also is ad­mit­ted be­fore the United States Dis­trict Court in...

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