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Q:  Can you please explain the process for making a construction defect claim for a condominium in Florida? A:  The first thing that needs to happen is that your Association should speak to its attorneys to make certain that the proper process is followed. There are many pitfalls and issues that can arise during the process, and you do not want to damage or potentially waive any claims that you may have. While Florida Statutes require developers at turnover to provide a written inspection report, those reports are generally so limited in scope and detail so as to be useless...

Q: One of our owners has an aggressive dog that has bitten residents on multiple occasions and often escapes its handler.  We have called animal control, but the dog is still on the property.  Should the HOA be concerned? - P.A., Stuart A:        Yes, the HOA should be concerned.  My experience is that animal control will conduct a thorough investigation, but very reluctant to permanently remove a dangerous dog from a home.   Thus, the HOA should encourage any concerned owners or victims to file a report, but the Board of Directors should also consult its legal counsel to discuss its...

Q:  Our condominium association is fairly empty during the summer months because most residents spend the summer up north. As a security measure, we want to install a security camera facing the common areas so that residents can view the camera up north and to monitor the property. Can we do this? - H.R., Delray Beach A:     There are two main issues here. The first issue is whether the security camera violates a privacy interest held by owners and their guests. Generally, individuals have a low expectation of privacy when they are in public areas. Here, it also holds...

Q: At a seminar it was explained that state statutes require that new elected Directors certify that they have read all the condo/HOA Documents or attend an approved seminar. My question is: If a newly elected Director does not or will not sign a certificate or attend a seminar, which is in violation of state statutes (I assume), what are the ramifications and what recourses are there?- S.W., Vero Beach A.  Both Chapters 718 (Condo) and 720 (HOA) of the Florida Statutes provide that if a Director does not take a certified course or sign the affidavit within 90 days...

Q: What is the current view of the condominium director 8 year limit law?- C.G., Jensen Beach A:  The relevant portion of the law you mention is 718.112(2)(d)2 enacted on July 1, 2018. “A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. However, there was great debate as to whether the law was retroactive from July 1, 2018 or...

Q: I live in a condominium.  My outdoor air conditioning unit failed, and I asked the Association to have it repaired.  They said the maintenance of the air conditioner is my responsibility.  Is it?  I thought the Association insured the a/c units?- J.D., Vero Beach A: The maintenance, repair and replacement responsibility for the a/c unit depends on two things.  1)   Pursuant to the Declaration of Condominium who, the Association or the Unit owner, is responsible for the day to day maintenance and repair?  Typically, the Declaration will provided that each owner is responsible, but this is not always the case. ...

Q: Our Board is looking into having a telecommunications company put their towers on one of our condominium buildings. Do we need a community vote to do this? We just put all new roofs on our buildings due to the hurricane. Also, the safety of the towers is in question.- E.L., Fort Pierce A: The installation of a cell tower on the condominium property is a material alteration of the common elements. The Condominium Act (Chapter 718, Florida Statutes) provides that material alterations must be approved in advance by a vote of at least 75% of the total voting interests unless...

Q: The owners in our community are assuming control from the developer at the end of the year. We want to prepare for turnover and the developer is reluctant to let us have any formal structure or authority. What should we be doing to prepare? A: An excellent and common question. Turnover itself is an election where the owners get to control a majority of the seats on the Board of Directors. Thus, the owners have control over the contracts, budgets, vendors, and day to day administration. Until the turnover election, there is not much you can do as a...

Q: My window is leaking water into my condominium unit and the Association is claiming that it is my responsibility. I live on the 5th floor. How am I supposed to be responsible for windows?- H.B., Treasure Coast A:  Even though the condominium association most likely insures your windows, that does not mean that the Association is responsible for routine repair, replacement and maintenance of the windows.  To answer this question, you need to review your Declaration of Condominium.  That document should describe whether the window is part of your unit or a common element, and it should also specifically...

Q: Hi. My condo board failed to timely hold an election in April and now we have one set for next week and today they are posting notice that it’s cancelled. They are in the middle of spending about $3,000,000 of the owner’s money on beautification without any owners votes and they are dragging the election to get more contracts signed before getting voted off the board. It’s a very bad situation on our condo. Can they cancel with such short notice? I’m running with a group of good people and we’re being blocked from taking over and finding out about...