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Q. My husband and I do not have access to Zoom or other online meeting platforms. Our condo board started holding all of the board meetings on Zoom when the COVID-19 pandemic was on the rise. However, even now, with the wide availability of vaccines and more outside interactions, the board meetings are still held on Zoom. Most recently, we tried to attend a Board meeting in person at the clubhouse and were told that the Board meeting was only being held via Zoom. Can they keep doing this?-K.L.T., Delray Beach A. The simple answer is no, the Board cannot...

Q. Our Board passed a Motion to do something. The Motion passed and the meeting was adjourned. Now a Board member wants to cancel the action for which the motion was made and passed. How can this be done? A. Under Roberts Rules of Order, which although not “law”, provides that there are two types of Motions to do this but, in your case, both Motions must be made at another proper Board meeting since the first motion passed and that meeting was adjourned. If the meeting was not adjourned, then the following motions can be made at the same...

Q.  I have heard that there have been recent changes in the law that requires a Condominium Association to send a special late notice to owners who are delinquent in payment of their assessments. Can you provide more information regarding the recent changes? - J.C., Bonita Springs A:        There was an amendment to the Condominium Act, which took effect on July 1, 2021.  Prior to July 1, 2021, each Condominium Association, depending on the requirements of its Declaration of Condominium or Bylaws, would send a delinquent owner a late notice letter with a specific number of days to remedy the...

Q. I have several questions about the fining/suspension committee hearing. Can the Owner who appears before the Hearing Committee bring a witness or their attorney to the hearing? A:  Yes.  Within reason.  They should not be allowed to parade in 10 witnesses.  You should allow them to bring an attorney but if they have not given you notice of doing so the committee should consider postponing the hearing so the HOA can decide whether or not to have its attorney attend.  So, I would suggest you add some type of “pre-hearing” rules to the fining committee hearing notice that if...

Q. We recently learned that the developer of our community is going to be acquiring adjacent land to add onto our existing community. We currently have single family homes and townhomes which total of about 250 residences. The plan, from what we understand, is to add somewhere around 100 additional townhouses. My biggest issue is that the current amenities (pool and gym) are not very large and, while they can accommodate the existing residents, we believe that the addition of almost 100 more residents will overtax these amenities. Is there anything that we can do? A. Developers have extremely wide...

Q: We have reviewed our reserve schedule and want to include some form of a contingency for emergency repairs in case we find an emergency need for engineering studies or structural repairs.  Some of our owners, however, will object to the assessment increase for something that may not happen.  What do you recommend?-T.A., Naples A: This has become a common question in recent weeks and although I agree with your intentions, Florida law does not necessarily support the mechanics of your goal. In Florida, every condominium association must reserve for certain components with broad catchall providing that the association must...

Q: We have been reviewing our historical archives to determine the extent of engineering studies and reviews. We have diligently engaged engineers to perform reserve studies, but it appears we have no other professional studies. Is this sufficient for our Board to satisfy our fiduciary duty?- P.R., Stuart A: In light of the tragedy on Surfside, many condominiums have performed a similar inquiry into their historical records and asked the same question. Unfortunately, this question cannot be answered with a simple yes or no. In a condominium reserve study, the association will engage a firm to review the existing condition...

Q: I have been elected President of the Board of my Homeowners Association. We have signs (PRIVATE PROPERTY Homeowners and Guests Only) at the entrances to and around the lakes. We have always taken the attitude that we didn’t want non-members fishing in our lakes and slipping and falling and then suing us. We have been asked, in the spirit of neighborly relations, by a neighboring association, to allow their residents to fish in our lakes. Is there any legal sign, etc., that we could put up that would allow us to allow them to do this but prevent them...

Q: Our condo association just sent out notice of a board meeting where the new budget for the upcoming year will be passed by the board, and it had the proposed budget attached to it. The proposed budget looks like it’s a significant increase in the amount of assessments. Isn’t that something that the unit owners have a right to vote on before it is passed by the board?- M.I., Fort Lauderdale, FL A: Section 718.112(2)(e), Florida Statutes, deals specifically with annual budget meeting for condominiums. In particular, subsection (2) addresses the issue in your question, and states that if...

Q: I am a Board member at a high rise condominium on Marco Island and we are deeply concerned about the recent tragedy in Miami involving the structural collapse of a condominium. What should we be doing?Anonymous, Marco Island A: The tragedy in Miami is a terrible situation and first and foremost we offer our prayers and concerns for the residents, families, and first responders involved in this terrible loss. As of the date of drafting this article, there are rumors and news reports about the building’s history and what the Board knew or should have known about the building....