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Q.   Our association has an owner who owns serval properties within the community and rents most if not all the properties to various renters.  While the rental of the property is not an issue, the owner continues to use the association’s pool and tennis courts. Is the owner allowed to continue to use the amenities when they rent their property? – A.D., Fort Myers A.  Yes, your board of directors is correct when it says it is not responsible for the enforcement of traffic laws.  I believe the “Florida Traffic Code” you are referring to is Chapter 316 of the Florida...

Q.  My condominium has to take out a loan to pay for some infrastructure repairs.  The Board is currently discussing how to pay for the loan – either via special assessment or building the payments into the budget and making the payments part of the quarterly assessments that we pay.  Do the members get any say in this?  What about a membership vote when it comes to taking out a loan? – J.R., Marco Island A.  First, let talk about borrowing funds on behalf of the Association.  In order to find out if a membership vote is required, you will need...

Q. We recently had a “workshop” that was attended by a quorum of the Board of Directors, and over 50% of the membership. This was a 2-hour discussion about updating our covenants. If this is not an official “board meeting”, are minutes still required? – R.D., Fort Myers A: Anytime a quorum of the Board is together, and they discuss association business it is considered a board meeting. Therefore, there should have been proper notice given of at least 48 hours posted on the property. Minutes should be kept also but since no votes were taken the minutes would only...

Q.   My homeowners’ association is a gated community with private roads. We have recently had issues with speeding and other traffic-related incidents that would be violations of the Florida Traffic Code.  The Board of Directors has stated the Association does not have to enforce the Florida Traffic Code.  Is this correct? How are gated communities supposed to address common traffic infractions in their community? - T.K., Naples A.  Yes, your board of directors is correct when it says it is not responsible for the enforcement of traffic laws.  I believe the “Florida Traffic Code” you are referring to is Chapter...

Q.  My condominium has to take out a loan to pay for some infrastructure repairs.  The Board is currently discussing how to pay for the loan – either via special assessment or building the payments into the budget and making the payments part of the quarterly assessments that we pay.  Do the members get any say in this?  What about a membership vote when it comes to taking out a loan? - J.R., Marco Island A.  First, let talk about borrowing funds on behalf of the Association.  In order to find out if a membership vote is required, you will...

Q. We recently had a “workshop” that was attended by a quorum of the Board of Directors, and over 50% of the membership. This was a 2-hour discussion about updating our covenants. If this is not an official “board meeting”, are minutes still required? - R.D., Fort Myers A: Anytime a quorum of the Board is together, and they discuss association business it is considered a board meeting. Therefore, there should have been proper notice given of at least 48 hours posted on the property. Minutes should be kept also but since no votes were taken the minutes would only...

Q.   With the midterms right around the corner, our HOA board of directors is considering banning political signs in the community. We had a lot of community fights two years ago that seemed to divide the community and the board wants to prevent that from happening again. Can the board ban political signs by adopting a rule or will we need to amend our governing documents? Can the HOA ban political bumper stickers on vehicles? - K.D. Boca Raton A: Yes, your homeowners association can ban political signs, but it may be more difficult than your board of directors is...

Q. I live in a condominium and was just told by management that it will need to access a common drain line in my bathroom wall in order to fix a leak.  While I have no problems with providing the association with access to the drain line, I need to know if the association is going to put back the drywall that it is cutting out of my wall and also if they are going to paint the drywall the same color as the rest of the wall.  - R.R., Naples A.  As you already know, the association is responsible...

Q. I participated in the "How to Run a Board Meeting Effectively" seminar several weeks ago, that you put on and I had a quick question. A statement was made that any time there is a quorum of the board, that the formalities of a board meeting must be adhered too. However, my question is, if the formalities of the board are established, could there still be restrictions set forth based on the quorum being titled as a "workshop"? Meaning, the "meeting" was titled as a "workshop", but there is a quorum. Are there restrictions as to what the board...

Q. My condominium’s Board of Directors recently started discussing hurricane preparations and steps the Association would take if a hurricane were to hit our area. The Board said they would shut down both the elevators and a/c 24 hours before the hurricane hits. Does the Board have the right to shut off the elevators and a/c? What happens to the residents who choose to stay? - W.H., Naples A. Yes, your condominium association likely can turn off the building’s elevators and air conditioning units prior to and following a hurricane affecting our area. Section 718.1265 of the Condominium Statute, authorizes...