Columns

Q: We have a local sheriff deputy that parks her car in her driveway overnight. Our rules prohibit the parking of “business vehicles” outside of garages. Some people in the community claim that the sheriff vehicle is a business vehicle and should not be allowed to park outside of the garage. What do you think?E.F., Naples A:   First, I think it is highly debatable that a law enforcement vehicle would be considered a business vehicle. Second, I think a law enforcement vehicle parked in the community would be an effective deterrent to crime and mischief in the community as well....

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. I am on the board of directors of my condominium building. We have a resident that over the years has developed animosity with many others in the building and especially with the board. He is now submitting requests for various association official records on a weekly basis. It is taking up a great deal of our time to comply...

Q: The Vice President of our condominium association is running for re-election and sent a letter to all owners outlining why he should be re-elected. The letter was signed as the Vice President and I feel it is improper to use the title when campaigning. Does this invalidate the election?T.D., Naples A: Most likely, no, it does not invalidate any election results. The Vice President is a candidate just like everyone else and entitled to campaign just like anyone else. The Florida Administrative Code contains a provision that prohibits the Association from including an official endorsement to owners along with...

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: Our condominium has a significant portion of residents over the age of 65 and we are concerned about opening our amenities.  Some families are insisting we open the pool, tennis courts and clubhouse while others are urging the Board to be more conservative.  Others are arguing that the Association never had the authority to close in the first...

Q: Our condominium Articles of Incorporation provide that the Board shall consist of 3 Directors, but our Bylaws provide that the Board shall consist of an odd number of Directors between 3 and 7. Which one is correct?P.A., Naples A:  In most situations, the governing documents will include a statement whether one document controls over the other document when two documents contain conflicting provisions. Typically, the Declaration of Condominium controls over a contrary provision in the Articles of Incorporation or the Bylaws, and the Articles of Incorporation control over a contrary provision in the Bylaws. To properly answer the question,...

Editor's note: Attorneys at Goede, DeBoest & Cross 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, civil litigation, estate planning and commercial transactions. Q: I am a new Director and our association has an Executive Committee made up of the 4 officers and the C.O.O. of our club. I personally see this meeting as a way to get around Sunshine Laws and to conduct a Board Meeting where Board discussion takes place. At the Regular Board Meetings, there seems to be very...

Q: Are condo owners entitled to see correspondence between the board President and the association’s attorney? Are owners the client or is the board the client especially if association monies are used to pay the legal fees? Our board is stalling the annual meeting and election and refuses to hold either via teleconference where owners can see the ballots opened and counted. They say they’re acting on the advice of their attorney but have not shown any communication to that effect. Are owners legally entitled to see that communication?J.S, Naples A:   As to your first question Section 718.111(12)(c)3a, Florida Statutes...

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: Are condo owners entitled to see correspondence between the board President and the association’s attorney? Are owners the client or is the board the client especially if association monies are used to pay the legal fees? Our board is stalling the annual meeting and election and refuses to hold either via teleconference where owners can see the ballots...

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 live in a community that has a HOA with Covenants. During the past year, many of the covenants have not been enforced by the property manager nor elected board. They have constantly allowed random homeowners to do as they please without regard to the written covenants and restrictions. Most in our community moved here because of the...

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: Many of our residents have been spending more time at home due to COVID-19 and the result has been an increase in violations and tempers. We have seen an increase in architectural violations without application, noise disturbances, smoking violations, and complaints by neighbors against neighbors. We have never fined an owner before but want to implement a process....