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Q: Our governing documents allow pets but prohibit pit bulls. A person has submitted an application to lease a unit and indicated that he has a pit bull but claims it is an emotional support animal. Can we deny the lease application on the basis that the pit bull violates our rules? P.T., Naples A: If the person has provided sufficient documentation supporting the need for an emotional support animal under the Fair Housing Act the association cannot deny the application. Breed and weight restrictions in governing documents applicable to pets do not apply to emotional support animals because legally,...

Q: Our community charges a transfer fee of $800 per sale. Our board wants to accomplish two goals: 1) increase the fee; 2) provide some exceptions to the fee. What is the best way to accomplish these goals? K.G., Naples A: The answers to both questions is highly dependent on the language contained in your governing documents. As a general rule, the ability to levy a transfer fee (or resale contribution as often termed) depends on whether the governing documents specifically allow a transfer fee in the first place. Assuming this is the case, then these provisions can greatly vary...

Q: We are trying to interview engineers to provide some specifications for lake banks and oversee the restoration work. We have received a number of referrals for a particular engineer, but he is the most expensive. Are we precluded from choosing this vendor if he is otherwise our first choice? T.D., Naples A: No, you are not prohibited from selecting your preferred engineer even if he or she is the most expensive option. This is for two reasons. First, the statute requiring condominium and homeowners’ associations (HOAs) to obtain competitive bids specifically states that the association is not required to...

Q: Can Elected HOA Board Members be Removed if They do not Participate?

Q: Some of the residents in our community want to hold a town hall meeting. All of the membership is invited, including the Board, but we (the Board) simply want to listen. Is this still considered a Board meeting?B.G., Naples A: This a common but difficult question to answer because there is a legal answer and a practical answer. A Board meeting is defined as any gathering where a quorum of the Board is together conducting business. This means that if 3 of 5 Directors are playing golf and start talking about the budget, then the membership should have been...

Q: I continue to see trucks with roof tiles driving all around town, assuming they are lingering claims from Hurricane Irma. Our condominium buildings suffered some damage and some owners are demanding that we (the Board) file an insurance claim but we are unsure if we had enough damage. Is it too late?R.A., Naples A: It is almost too late, but not yet. The deadline to file an insurance claim is effectively three years from the date of the event. This article is scheduled to publish in late August, which means the deadline is only a few weeks away because...

Q:  My condo association just passed this year’s budget and we received a notice that they want us to vote on whether or not to “waive the reserves”. Could you explain exactly what the reserves are for, what waiving them means, and the consequences for voting either to waive or not waive them?- G.G. West Palm Beach, FL A:  Florida Statutes, Section 718.112(2)(f), requires that, in addition to annual operating expenses, an association’s annual budget must include reserve accounts for capital expenditures and deferred maintenance. Items provided for in the reserves must include, but are not limited to, roof replacement,...

Q: I live in a homeowners association (HOA).  On July 4th I celebrated with fireworks.  I now have been sent a violation letter stating I violated the HOA rule against fireworks.  Did I? - S.H., Estero A:  Maybe.  A new law was adopted by the Florida Legislature in March.  The new law provides that fireworks may be lawfully used on December 31 (New Year’s Eve), January 1 (New Year’s Day), and July 4 (Independence Day).  The law does not supersede local ordinances nor a properly recorded declaration of covenants for a Chapter 720 Homeowners Association.  So, an HOA can prohibit fireworks on...

Q: Our community has an important vote coming up and we want to facilitate electronic voting so that owners do not need to attend a physical meeting due to the virus concerns. How do we accomplish this?T.P., Naples A: As a result of COVID-19, many communities are trying to find ways to facilitate participation while avoiding group gatherings. Electronic voting is a great way for owners to participate and vote while mitigating the risk of group gatherings – even where social distancing is practiced. First, if the virus were not relevant, the statute provides a fairly simple mechanism to allow...

Editor's note: Attorneys at Goede, DeBoest & Cross, PLLC., respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law. Q: We are approaching hurricane season and our board is trying to prepare for an emergency situation. One concern is that our management firm has indicated that it will not staff the building in the event of a hurricane. What can we do to protect ourselves? -P.T., Naples A: The board’s fiduciary duty is not necessarily suspended just because...