I’m always asked what can be done to prevent our community from completely turning into a rental community. The answer differs depending upon whether or not you live in a condominium or an HOA. Here is the case that settled the issue in a condominium: In Woodside Village Condominium Association, Inc. v. Jahren 806 So.2d…
Author: admin
WELL WHAT ABOUT HOAs and WHAT DO WE DO ABOUT VOTER FRAUD?
The three of us were certainly flattered by how many people read and participated in our blog discussion last week regarding The Miami Herald’s expose’ into condo fraud in South Florida. Those of you who live in HOAs must be wondering why the findings were limited to condominiums and not expanded to include HOAs. Are…
HOW MUCH MORE PROOF DO YOU NEED?
Over the past week or two, The Miami Herald has been running a few articles about wrong doing in certain condominium associations in South Florida. The writer almost seems amazed that there are apparently ballots being cast with fake signatures and that in some condominiums voter turn-out exceeds 100%. Now to The Miami Herald, this…
SOME OTHER CONFUSING VOTING ISSUES
Let’s pretend it’s the night of your annual meeting. It’s time to verify the signatures and count the ballots. Someone reminds the attorney not to count the votes of any owners who are more than 90 days delinquent. Are they right? Maybe…. I would first argue that without the Kaufman or “as amended from time…
THE AS AMENDED FROM TIME TO TIME LANGUAGE REVISITED
Last week we discussed how Board members can be removed from the Board for failing to pay their assessments. We also know that unit owners can be prevented from voting for failing to pay their assessments. They can also be banned from using portions of the common areas and can be prevented from running for…
DO YOU STILL QUALIFY TO SERVE ON THE BOARD OF DIRECTORS
Last week we discussed the minimum requirements to serve on your Board of Directors. In sum, you can’t even run for the Board if you have a prior felony conviction unless your rights were restored, you can’t owe the association money, and you have to be the owner, not just married to the owner. Let’s…
ARE YOU QUALIFIED TO BE A BOARD MEMBER?
We all know that there are no professional qualifications that are required in order to become a Board member. You don’t need any type of degree or license. You don’t need any prior experience of any kind in business. There are no tests to take. However, there are still some provisions of the Florida Statutes…
LET'S CAUSE SOME CHAOS
It’s no secret that I always thought it was unfair that condominium owners had the protection of the DBPR in their corner while owners in an HOA did not. For a lousy $4.00 per unit per year, the DBPR provides condominium owners access to arbitrators, free forms, investigators, a question and answer hot line, educational…
CAN YOUR ASSOCIATION SAY “TAKE DOWN THAT SIGN?”
What can be more American than exercising your First Amendment Free Speech rights to campaign and support the candidate of your choice by displaying one of their campaign signs on your front lawn or in your window? It’s almost unimaginable that in a country founded on the idea of political expression, municipalities and/or community associations…
CAN THEY REALLY TAKE MY HOME?
It’s amazing how dangerously uninformed some people are. Over the years I have heard time and again owners of condominium units and homes in HOAs take the position that even if they don’t pay their assessments, it makes no difference because it’s their “homestead property” and “homestead property” is protected under Florida law. Unfortunately, they…