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Q: We recently had 4 out of 7 Board members resign. Our Bylaws state “In the event of the death, resignation, or removal of a Director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.” Last year we had 1 vacancy created in October and the Board selected the replacement after our annual election in December. The Board chose to select the candidate that achieved the “next highest vote” as their method to select. Our Bylaws do not state when or how a replacement board member is...

Q: We have been experiencing an increase in the number of violations and the owners are pushing the Board to levy fines and suspensions. None of these owners are willing to serve on a committee to vote on the fines and suspensions. Can we collect a fine without a hearing?- H.R., Fort Myers A: In my opinion, no. With respect to fines and suspensions, it is important to note that the statute provides exceptionally little guidance. We know from court decisions that a critical requirement is that the Association must provide due process, but it is difficult to know when...

Q: As hurricane season approaches, we are cognizant that our Board of Directors and most of our residents are scattered between multiple states. If a hurricane approached Naples, we are obviously not able to make sure the property is safe. Do you have any recommendations for addressing this problem?- T.D., Naples A: This is a great question and there are many recommendations on hurricane preparedness, and we will be addressing more throughout the summer months. On a practical level, many communities will engage priority vendor agreements so that they receive first priority for service after a disaster such as debris...

Q: What are the requirements for preparing financial reports for a condominium association? What type of report is required? Do we need to hire a CPA firm to prepare the financials, or can we prepare the reports ourselves?- G.D., Miami, FL A: The annual financial report requirements for condominium associations are outlined in Section 718.111(13), Florida Statutes. The statute requires that within 90 days after the end of the fiscal year, or annually on a date if provided in the bylaws, the association shall prepare and complete, or contract for the preparation and completion of, a financial report for the...

Q: Can a domestic partner of an owner, run for the HOA Board of Directors? The partner is not listed on the property title itself, nor named in a trust, so would not be covered by those co-ownership statutes. A: Chapters 718 for condominium, 719 for cooperatives, 720 for homeowner associations and 617 for not-for-profit corporations do not require a person to own a Lot or Unit in the community to serve on the Board of Directors. However, most governing documents do. So, you need to check the governing documents to determine the eligibility requirements to serve as a Director....

Q: A downstairs unit suffered water damage in our condominium building and we are fairly certain the damage is coming from the shower pan in the upstairs unit. The owner of that upstairs unit is refusing access and won’t let the association fix the common elements. The owner has represented that he fixed the problem, but he won’t let us confirm that the damage has been mitigated. What do we do now? T.B., Naples A: This is more common than you would think, and it is unfortunate because standoffs over access will typically only exacerbate any water damage while the...

Q: A tenant seeking approval to reside in our condominium has a dog weighing 60 pounds. We have a 30-pound limit on all dogs. When we denied the application because of the dog, the tenant then claimed that the dog is an emotional support animal and provided a letter dated after our original denial from a mental health professional. Do we have to allow this dog? T.A., Naples A: There are multiple issues here, but the short answer is that the weight of a valid emotional support animal is irrelevant. If a dog is also an emotional support animal, it...

Q: What are your latest recommendations to community associations regarding Covid-19 vaccinations and the so called “vaccination passport”? Can an association mandate that in order to use the common facilities the person must show proof of vaccination? Should we be fully reopening our common facilities and if so does this expose our association to liability if someone contracts Covid-19 at the facility? A: Although many community associations have reopened their amenities, some are still wrestling with the issue. One recent development may serve to encourage more communities to open up. On March 29, 2021, Governor DeSantis signed SB 72 (F.S....

Q: What are your latest recommendations to community associations regarding COVID-19 vaccinations and the vaccination passport? Can an association mandate that in order to use the common facilities, the person must show proof of vaccination? Should we be fully reopening our common facilities and if so, does this expose our association to liability if someone contracts COVID-19 at the facility? J.I., Naples A: Although many community associations have reopened their amenities, some are still wrestling with the issue. One recent development may serve to encourage more communities to open common facilities. On March 29, 2021, Governor DeSantis signed Senate Bill...

Q: Our condominium board meetings go on for hours and a select number of owners seem intent on hijacking the board meetings for their owner platforms and board members are threatening to resign. What can we do? R.A., Bonita Springs A: The strictly legal answer involves remembering that board meetings are intended for board action and there is no obligation to answer questions or engage in debates with owners. In other words, yes, the board has a duty to provide an opportunity for owner input and an opportunity to address the board on each designated agenda item, but there is...