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Q: Our association frequently holds social events where there is a 50/50 raffle. The winner gets 50 percent of the money collected and the social committee retains the rest. Is this legal?L.M., Naples A: Probably not. 50/50 raffles are very common at many types of social and networking events. However, more than likely the raffle is actually illegal. Florida law allows 50/50 raffles if they comply with Section 849.0935, Florida Statutes. 50/50 raffles are considered a form of gambling and are illegal unless you comply with the following: • The organization conducting the raffle and receiving the funds is an...

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 live in a condominium building, and our board of directors tells us that proxies can only be used to vote on certain things, but they won’t tell me what those things are. Can you please help educate me?- M.A., Pompano Beach A: There are many items that proxies can be used by members to vote on various...

Q: Our board spent a lot of time developing the 2020 budget. The budget went up to address actual expenses, and assessments also went up. With the election coming up, we are fearful that a newly elected board could re-open the budget and reduce assessments to the 2019 levels. Is this possible?T.R., Bonita Springs A: Despite some best efforts to keep assessment levels the same forever, assessments eventually must increase. It is not always a popular move, but the board must adopt a budget which addresses actual and anticipated expenses for the coming year. To answer your question, the board...

Q:  In our Association Board meeting minutes the vote of each director has always been listed by name. Such as, Director A – Yes, Director B – No, etc. Recently the Board President told the Secretary to stop recording the votes in this manner and just record the outcome such as 3 yes, 2 no, motion passes. Is the legal?H.M., Bonita Springs A:  No, it is not legal. Both the Condominium Act and the HOA Act provide that “a vote or abstention for each member present shall be recorded in the minutes.” So, you must record the vote of each...

Q: Our roofs are original construction. Following Hurricane Irma in 2017, we did not see any noticeable damage and so we did not file an insurance claim. We just spent a lot of money repairing water damage stemming from the roof and the contractor indicated that the roof may be compromised. Is it too late to file an insurance claim?J.W., Naples A: No, it is not too late, but time is running out. Many of our clients suffered severe and noticeable damage immediately after the storm and were able to immediately file an insurance claim. Others immediately filed a claim,...

Q: Our condominium had a new roof installed following a recent hurricane. The roof was paid for by insurance proceeds and the cost to replace the roof seemed high because of the high demand at the time. We have a contractor giving us a price to replace the roofs today, and we have another owner in the community telling us to use the projected cost to replace the roof 20 years from now. How do we reserve for roofs in these economic conditions?-W. B., Naples A: This has become a popular question with all of the new roofs being constructed...

Q:  Our Board has 5 total seats and there is one vacancy because a Director moved last month. The remaining 4 Directors are split on how to fill the vacancy and can’t agree. Don’t they have to fill the vacancy? Our next election is not for another 6 months.- P.P., Vero Beach A:  The answer to this question depends on the specific requirements of your Bylaws. Pursuant to both the condominium and HOA statute, the default rule is that vacancies are filled by the remaining Board members for the unexpired term of the resigning Director. If this is the rule...

Q:  I am a full-time resident, but all of our Directors are seasonal residents and they are only here for half of the year. When they are not here, the property looks worse. When they come back, they re-institute a rigorous maintenance plan.  Can we require all Directors to live here full time?- P.R., Stuart A:  No, the statute sets forth criteria which determine eligibility and ineligibility for Directors. For example, if you are delinquent in the payment of assessments or other monetary obligations to the Association for more than 90 days, you are not eligible. If you have certain...

Q:  My neighbor wants to extend his pool and add fountains. Although it will look attractive, it will significantly block my view of the lake and realtors have told me that this will decrease my property value. The HOA is considering the request next month. Can I block this?- T.R, Melbourne A:  This is a common question that really has two components. The first is whether a landowner is entitled to maintain a specific view in perpetuity. The general answer is no. When you chose your lot and home, like most homeowners, the view was part of your decision and...

Q. What are the rules regarding owners’ ability to speak at Board meetings?- P.G., Port St. Lucie Florida law provides that either owners and/or their authorized representatives have the right to attend condominium association meetings that are open to the membership. You also have the right to speak at association meetings, with the caveat that you can only speak about the specific items on the agenda that was posted prior to the meeting. Although most meetings are open to members, members generally cannot raise new issues that are not listed on the agenda. Also, keep in mind that not every...