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FAN's Featured Blog PostCampbell Property Management Opens NewOffice in Port St. Lucieposted by Ashley Dietz Gray, Campbell Property Management,June 10, 2019

Campbell PropertyManagement has opened theirsixth office in Port St. Lucie,Florida.They have built astrong presence in Port St.Lucie over the past few years.This local office will betteraccommodate the needs of thehomeowner and condominium associations that Campbellmanages in Martin, St. Lucie and Indian River counties. ReadMore

Industry News and ArticlesKeep in mind that some of the articles are directed toward HOAs or

Friends | Colleagues | BoardMembers | CAMs | Residents |Vendors

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condos specifically, but most can be applied to all types ofcommunity associations.

Special Assessments in Condo?posted by Jay Roberts, Florida Condo & HOA Law Blog, June 20,2019

Special assessments happen. The unfortunate reality is that duringthe life of a condominium building some unexpected expenses aregoing to arise and the association must take steps to fulfill itsobligations to the membership. Read more Decoding Municipal Code Violationsposted by Jeremy Shir, Florida Condo & HOA Law Blog, May 29,2019

Have you received a letterfrom your City stating that youare in violation of their Code? It can cause much anxiety,especially as the letter may notbe written in a way that makessense. It probably alsomentions that you will startaccruing fines and liens will attach to your property unless youbring it up to the City’s standards. Read more

Do Orderly Community Association Board andMember Meetings Exist?

posted by Shari Walk Garrett, Florida HOA Lawyer Blog, June 21,2019

All too often, the other community association attorneys at our firmand I are asked for help on how to prevent unruly behavior fromdisrupting board and owner meetings.The following are helpful tipson how to try to keep your meetings on track and in order: Readmore

Hurricane Shutter Law Exploredposted by Joseph Adams, Florida Condo & HOA Law Blog, June 3,2019

Section 718.113(5) of theFlorida Condominium Actrequires each board of

Upcoming Events 7/9Guest Restrictions & ScreeningTenants and New Owners 6:30 pm - 7:30 pm, KBRPompano Beach Office

7/10Straight-Line Vs. Pooled Reserves 11:30 am - 1:00 pm, KBRCapriccio's Ristorante

7/10Condo Board Member Certification 3:00 pm - 5:30 pm, KBRPalm Beach Gardens Office

7/11Rules and Regulations/MaintainingOrder 12:00 pm - 2:00 pm, KatzmanSouth County Civic Center

7/17HOA Board Member Certification 3:00 pm - 5:30 pm, KBRPalm Beach Gardens Office

7/18Dealing With Difficult People12:00 pm - 2:00 pm, KatzmanHoliday Springs Clubhouse

7/23Jumping Into The Present: UpdatingGoverning Docs is Important6:30 pm - 7:30 pm, KBRPompano Beach Office

7/242019 Legal Update Course 3:00 pm - 5:30 pm, KBRPalm Beach Gardens Office

7/25An Analysis of Your Community'sInfrastructure and Management1:00 pm - 3:00 pm, KatzmanTownship of Coconut Creek

7/30Broward Hot-Topics Breakfast

https://kbrlegal.com/events/pompano-guest-restrictions-screening-tenants-and-new-owners-3/https://kbrlegal.com/events/straight-line-vs-pooled-reserves/https://kbrlegal.com/events/palm-beach-gardens-condo-association-board-member-certification-course-12/https://www.katzmanchandler.com/events/maintaining-order-a-discussion-on-rules-regulations-governing-documents-and-fining-in-community-associationshttps://kbrlegal.com/events/palm-beach-hoa-board-member-certification-course-20/https://www.katzmanchandler.com/events/duking-it-outhttps://kbrlegal.com/events/pompano-jumping-into-the-present-updating-governing-docs-is-important/https://kbrlegal.com/events/palm-bch-gardens-2019-legal-update-course-10/https://www.katzmanchandler.com/events/new-class-an-analysis-of-your-communitys-infrastructure-and-management

administration of a residentialcondominium to adopthurricane shutter specificationsfor each building within eachcondominium operated by theassociation. Read more

Agency Revisits Term Limit Issueposted by Joseph Adams, Florida Condo & HOA Law Blog, June10, 2019

In 2017, the Florida Legislature passed a law which stated thatcondominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.The obviousimmediate question was whether this law would be appliedretroactively or whether the law would only be appliedprospectively. Read more

HOA Board Meetings Must Be Openposted by Joseph Adams, Florida Condo & HOA Law Blog, June16, 2019

Section 720.303(2) of the FloridaHomeowners’ Association Actcontains the legal requirements forboard meetings. The statuerequires that notice of all regularboard meetings be posted in thecommunity at least 48 hours inadvance of the meeting. Read more

PSA: Condominiums and Websitesposted by Marilyn Perez-Martinez, Florida Condo & HOA Law Blog,June 20, 2019

I have previously written a few articles for our Community Updateabout the website requirement for condominiums operating at least150 units. Just recently, I represented a condominium that wasbeing investigated by the Division of Business and ProfessionalRegulation (DBPR), for among other things, failing to have awebsite. Read more

Directors Voting – Dispelling Myths

7:30 am - 9:30 am, CAIJacaranda Country Cub

July TipsShane's Spot: Mind Your WaterUsage

We are deep into the summer, whichof course means the rainy season isupon us. As rain comes morefrequently, make sure your sprinklersare being used appropriately. Toomuch water may harm your plantsand will increase your water bill. Asimple solution for this is to buy aninexpensive rain shut-off device. Thisdevice will shut off your irrigationsystem during rains, saving yourplants and your wallet!

As always, remember to install yoursod green side up!

Shane Humble, President

Complete Property Maintenance,Inc.Corporate Office (954) 973-3333Jupiter Office (561) 744-3333Fax (954) 979-1424

https://cai-seflorida.org/events/#breakfasthttp://www.cpmlawn.com/index.phphttp://www.cpmlawn.com/index.phptel:%28954%29%20973-3333tel:%28561%29%20744-3333tel:%28954%29%20979-1424

posted by David G. Muller, Florida Condo & HOA Law Blog, June20, 2019

Every director who sits on theboard of a homeownersassociation gets a voice in theoperations of the association.The questions I receive aremore about how that voice isexercised through avote. Read more

“How to stop the erosion of civility incommunity associations,” Sun Sentinelposted by Donna Dimaggio Berger, Florida Condo & HOA LawBlog, May 29, 2019

While it is impossible to legislate civility, the proximity of amultifamily dwelling or a community with shared amenitiesheightens the impact of these behaviors and creates a myriad oflegal issues and operational challenges for volunteer boards andtheir managers. Read more

Feel free to email us at sales@campbellproperty.com or visit usat www.campbellpropertymanagement.com

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FAN's June Blog PostsCampbell PropertyManagement Opens NewOffice in Port St. Lucie

Help Wanted!We are looking for people totemporarily fill in at properties whileAdmins or Bookkeepers are away.

If you are interested, please emailyour resume to Diane Hankeat dhanke@campbellproperty.com.

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FLORIDA HOA LAWYER BLOG

Evonne Andris

Hurricane Preparedness: WhatAssociations Need to KnowJune 7, 2019by Evonne Andris

Hurricane preparedness is asignifcant undertaking for everycommunity association inFlorida. Being well prepared —and well informed — candetermine whether associationboards and their managers willsink or swim in the aftermath ofa storm. Here are some helpful tips to enableassociations to stay ahead of the 2019 hurricaneseason, which offcially began on June 1 and will endon November 30:

Maintain an up-to-date paper roster of thecurrent residents, and store it at anaccessible off-site location. A separate list of

residents who areremaining in the

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building shouldalso be kept.Accounting for the

whereabouts of all residents can be vital foremergency response teams who might haveto provide medical assistance to anyresidents in need.

Keep important documents at a safealternate location. This includes a copy ofthe association’s governing documents, acertifed copy of the insurance policy, bankaccount information, service providercontracts, and contact information for allresidents, staff and vendors of theassociation.

Take date stamped pictures and videos ofthe entire property for insurance purposes.This should include the inside and outside ofthe property and all common areas, as wellas equipment such as computers. Sendthese pictures and fles to someone awayfrom the state along with the contactinformation of your insurance agent andpublic adjuster.

Consider pre-negotiated service contractswith vendors who typically assist in theaftermath of a storm. This can include waterrestoration companies to mitigate fooding,debris removal companies, and securityproviders. Have your attorney review ALLcontracts before signing anything.

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Companies have been known to takeadvantage of associations. Your attorney willensure that adequate protections areincluded.

When creating the association’s hurricanepreparedness plan, make sure you do so asif you will not be able to access your buildingin the aftermath of the storm. Make sure youhave a plan in place for entry back to theproperty, designate who will be frst on site,and create a backup plan for what will bedone should local offcials deny access tothe building or close off the area. Also,implement a method where the board cancall and hold an emergency board meeting,should one be necessary.

Being prepared in advance of a storm is fundamentalfor every community association in Florida. Though noone can control the intensity of a hurricane or where itdecides to make landfall, community associations cancontrol how prepared they are to deal with one.

Posted in: Community Association Law, CondominiumAssociation Law, Hurricane Preparedness and InsuranceTagged: community association hurricane preparationsComments are closed.

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Campbell Property Management Opens New Office in Port St.LucieMonday, June, 10th 2019 in Announcements, Condo, HOA, Management, Property Maintenance, Staff, Vendors by FAN

Tags: Campbell Property Management New Office in Port St. Lucie, Florida, Port St. Lucie

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Campbell Property Management has opened their sixthoffice in Port St. Lucie, Florida.

They have built a strong presence in Port St. Lucie over thepast few years. This local office will better accommodatethe needs of the homeowner and condominiumassociations that Campbell manages in Martin, St. Lucieand Indian River counties.

Some of Campbell’s current association customers that willbenefit from the new location include TownMark Master,Canopy Creek HOA & Club, Watersong, River MarinaNeighborhood, Vizcaya Falls and many more.

Port St. Lucie Office525 NW Lake Whitney Place, Suite 202Port St. Lucie, FL 34986Phone: (772) 218-5405

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

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Special Assessments in Condo

BY JAY ROBERTS JUNE 20, 2019

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Special assessments happen. The unfortunate reality is that during the life of a condominium building

some unexpected expenses are going to arise and the association must take steps to fulfill its

obligations to the membership. If the operating budget cannot handle these expenses, and there is not

a funded reserve account which can dray the cost, then it is likely that a special assessment will need

to be levied. In Florida, there is a right way and a wrong way to levy special assessments. Levying a

special assessment without following the proper procedures could end up costing the association

unneeded legal expenses and heartburn; SO DO IT RIGHT THE FIRST TIME!

Levying a special assessment in Florida requires knowledge of certain provisions of the

Condominium Act (Chapter 718, Florida Statutes) and your association’s governing documents.

Section 718.112(2)(c)1, Florida Statutes, provides (in material part)

…written notice of any meeting at which nonemergency special assessments, or at

which amendment to rules regarding unit use, will be considered must be mailed,

delivered, or electronically transmitted to the unit owners and posted conspicuously

on the condominium property at least 14 days before the meeting. Evidence of

compliance with this 14-day notice requirement must be made by an affidavit executed

by the person providing the notice and filed with the official records of the

association….Notice of any meeting in which regular or special assessments against

unit owners are to be considered for any reason must specifically state that

assessments will be considered and provide the nature, estimated cost, and description

of the purposes for such assessments.

Breaking down that statutory language amounts to the association having to take the following

actions to properly notice a meeting where special assessments will be considered (1) notice of the

proposed meeting must be sent to all owners not less than 14 days prior to the meeting; (2) the notice

must also be posted in a conspicuous place on the condominium property not less than 14 days prior

to the meeting; (3) the notice must explain what the special assessment will be used for and the

amount of the expected special assessment; and (4) the person who mailed or delivered the notice to

the owners must execute an affidavit which attests to the fact that the notices were mailed or delivered

to all owners and the date that the notices were sent.

It is very likely that your association’s governing documents also address special assessments. It is

important to know whether the board of directors has the sole authority to levy special assessments or

whether the membership has to approve special assessments. Regardless of whether the board or the

membership approves the levying of special assessments, the notice procedure stated above must be

met. The board of directors needs to be sure that there are no additional procedural measures that the

must be followed when special assessments are being considered. Usually, but not always, any

additional measures will be located within the association’s bylaws.

A critically vital, yet often overlooked, aspect of the special assessment levying process is making

sure the special assessment purpose is a proper common expense. Proper common expenses are

defined in Section 718.115, Florida Statutes, but can, and usually are, defined within the association’s

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governing documents. It is important to review the governing documents prior to embarking on the

special assessment path to ensure that what the association would like to raise the funds for is

appropriate (if it is not, an amendment to the governing documents may be required prior to levying

the special assessment).

If attention is not properly given to the issues discussed in this article, negative consequence may

occur. These consequences may include unit owners refusing to pay the special assessment because

they claim that the association did not follow the proper procedure for levying the special assessment

or that the special assessment was not levied for a proper common purpose. Either argument could

lead to costly litigation. Also, many associations use special assessments as collateral for loans taken

from institutional lenders. Those lenders will very likely require the association’s attorney to verify

in writing that the special assessment was properly levied, which he or she will refuse to do

unless/until the special assessment is properly adopted.

Hopefully special assessments are rare due to prudent financial planning by the association during the

budget process. Ensuring that the association takes the proper steps to levy a special assessment the

first time will ease the headache, stress, and cost associated with having to deal with those owners

who refuse to pay or lending institutions which require the special assessment lien rights as collateral

for a loan to the association.

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Decoding Municipal Code Violations

BY JEREMY SHIR MAY 29, 2019

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Have you received a letter from your City stating that you are in violation of their Code? It can cause

much anxiety, especially as the letter may not be written in a way that makes sense. It probably also

mentions that you will start accruing fines and liens will attach to your property unless you bring it up

to the City’s standards. You may have even been proactive and reached out to the Code Inspector on

the Notice; at this point, you are probably even more confused than before. Code and Building

violations can sneak up on you, as fines accrue daily. Left untouched, you can easily rack up

hundreds of thousands of dollars within a year of delinquency. That is why you need to contact an

attorney who is familiar with the Municipal Code, processes and justifications, and knows how to

work expediently within the labyrinth of City staff and procedures to achieve a positive outcome for

you.

If you have received a letter, but fines have not started to accrue, you are in the best position. We

have had great success in working with Code inspectors and City Attorneys to delay Special

Magistrate hearings until you can “cure” the violations. This way you will not begin to rack up costly

fines.

If fines have already started accruing, it is crucial that you hire an attorney who can advise you of

your options – Cities take into serious consideration the amount of time it took a violator to respond,

when they begin actions to bring the site into compliance, and whether or not you hire an attorney or

other expert to represent your interests. You may not know this, but Cities are within their rights to

attach liens to other properties you own within the municipal boundaries, so it can be a greater

headache for you than you imagine. It may be that portions of your site (house, condo, business) are

“legal non-conforming” and thus do not need to be brought up to Code. It may be that you just need

an after-the-fact permit. Or it may be that you must hire the appropriate consultants or become handy

and work to fix your property. Code violations are a specialized field, combining knowledge of the

land development code, quasi-judicial procedures, and having good relationships with key City

officials (Code Inspectors, City Planners, City Attorneys) such that you can resolve the violations

quickly and efficiently.

I’ve seen too many Attorneys who don’t practice in this area of law make their case to the Special

Magistrate, but fail to achieve the most desirable outcome because they did not understand the

nuances of the work that must happen before the hearing. We have achieved excellent results for our

clients; in one case, we even saved a house from demolition by working with our network of brokers

to find a buyer who agreed to cure the violations within a certain period of time and entered into a

Stipulated Settlement with the City. We can ensure that your fines become pennies on the dollar. If

you have a code or building violation, please reach out to us – we look forward to assisting you!

As a land use attorney, Jeremy Shir guides clients through all facets of land use and zoning issues

including code compliance, enforcement hearings, and negotiations with local government among

other matters. Mr. Shir can be reached at jshir@beckerlawyers.com.

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FLORIDA HOA LAWYER BLOG

Shari Wald Garrett

Do Orderly CommunityAssociation Board and MemberMeetings Exist?June 21, 2019by Shari Wald Garrett

All too often, the othercommunity associationattorneys at our frm and areasked for help on how to preventunruly behavior from disruptingboard and owner meetings.Since items addressed at thesemeetings generally have asignifcant impact on the welfare of an association andthe fnancial responsibilities of its owners,conversations dealing with topics such as specialassessments and annual elections can quickly becomecontentious. The following are helpful tips on how to tryto keep your meetings on track and in order:

1. Use Robert’s Rule of Order – This common formof parliamentary procedure for meeting protocol

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allows meeting facilitators to manage timeeffectively, all while ensuring that everyone stayson topic. Many people are already familiar withthis method, making it easy for participants tofollow and respect the meeting procedures thatare in place.

2. Be specifc aboutwho can attend – Theassociation shouldestablish rulesdetermining who canparticipate in advance

of the meeting. Generally, owners, or owners andresidents are the only people allowed to participate insuch meetings. Counsel for an owner is likewisepermitted to attend.

3. Make the purpose of the meeting clear – Prepare anagenda that outlines the specifc items that will bediscussed. Be sure to be transparent about the topics,providing participants with any supplementaldocuments they may need to make educateddecisions.

4. Allow participation – Give each authorized attendeea voice but restrict statements to those dealing withagenda items only. Set forth the amount of time eachperson has to take the foor. This will prevent anyonefrom derailing the meeting, as it enables thechairperson to control and minimize tangents.

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5. Permit contributions – Rather than have an open-ended agenda item that opens the foor tomiscellaneous topics, allow owners to submit desiredtalking points, on the specifed agenda items, inadvance of the noticed meeting. It will enable ownersto feel heard while also avoiding the possibility of theboard being blindsided by a topic that the directorswere not prepared to discuss.

6. Set the right tone – Set an example by remainingcomposed and following the meeting protocols that arein place. Be open to hearing other people’sperspectives and making the meeting feel more like ateam effort rather than a dictatorship.

7. Enforce the rules consistently – Make sure that allparticipants are equally following the rules. Do notallow someone to speak for longer than the allottedtime just because they are making a good point. In thesame light, take action against those who continue tobreak the rules. If providing a noncomplying attendeewith a verbal warning does not stop them, call for animmediate ejection the next time the person speaksout of order.

By effectively applying the approaches outlined in thisarticle, it can become almost impossible to have anunproductive meeting. Having the right people in theroom, with streamlined meeting tactics and a clear andconcise agenda, helps enable association meetings torun as smoothly as possible.

Posted in: Community Involvement, Condominium AssociationLaw, Homeowners association law and Meetings and ElectionsTagged: association elections and community association boardmeetingsComments are closed.

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Educational, ProfessionalResources EnableOwners to Answer Call ofCommunity AssociationBoard ServiceJune 27, 2019

Do Orderly CommunityAssociation Board andMember Meetings Exist?June 21, 2019

Talk About a CondoCommando! DirectorFires Gun to Shoo AwayTeens from PoolJune 17, 2019

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Hurricane Shutter Law Explored

BY JOSEPH ADAMS JUNE 3, 2019

Q & APOWERED

BY

Becker, with

headquarters in

Fort Lauderdale,

FL., is a multi-

practice

commercial law

firm with

attorneys,

lobbyists and

other

professionals at

offices

throughout the

East Coast.

search

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Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA

board if they can come up with a storm shutter policy under Florida Statute 718.113. The board

replied that the HOA is not a condo HOA, based on the declaration, hence 718.113 does not

apply. Is there any law or pending law as far as non-condo HOA’s being required to write a

storm shutter policy? (A.D., via e-mail)

A: No. Section 718.113(5) of the Florida Condominium Act requires each board of administration of

a residential condominium to adopt hurricane shutter specifications for each building within each

condominium operated by the association. The specifications must address permitted color, style, and

may address “other factors deemed relevant by the board.”

There is no similar language in the Florida Homeowners’ Association Act, found at Chapter 720 of

the Florida Statutes. Whether that law will ever be amended is an open question, though I have not

heard of any initiatives on this point ever being brought to the Legislature. Regardless, hurricane

shutters are often an item of interest in non-condominium communities as well.

A bit of history may help. Prior to 1991, case law in Florida permitted a condominium association

board to prohibit unit owners from installing shutters on a building due to aesthetics. After Hurricane

Andrew in 1992, it became clear that buildings with shutters fared better than those without. The

initial amendments to the condominium statute basically stated that a condominium board could no

longer prohibit shutters, but could specify style and colors that had to be used through specifications.

However, the law today actually mandates a condominium board to adopt these specifications, though

many condominium associations fail to comply with this requirement.

With the advent of impact glass and other technologies, the condominium statute on hurricane

protection has been amended five times since its initial adoption. Generally speaking, these

amendments have been aimed at giving a condominium association more power to mandate hurricane

protection, including the introduction of a procedure where, after a majority vote of the owners in

some cases, the board can install hurricane protection. Owners who already had code compliant

hurricane protection of like kind are entitled to a credit and basically excused from the assessment.

The reason there has been less interest on the legislative front from the homeowners’ association side

probably stems from the fact that a significant percentage of communities governed by homeowners’

associations are subdivisions consisting of lots with freestanding single family homes constructed on

them. In this type of situation, there is really no compelling interest of the association in “protecting

one neighbor from the other” as far as hurricane damage. Rather, I have found that the primary

interest in these communities is aesthetics, which can usually be addressed through architectural

standards adopted by the homeowners’ association in conformance with the requirements of the

governing documents.

In short, while the law does not require your friend’s board to adopt standards for hurricane shutters,

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it may have the authority to do so if the governing documents grant the board sufficient rulemaking

authority and if the standards are reasonable. If the board does not adopt such standards or have the

issue otherwise regulated in the governing documents, it is pretty much an “anything goes” situation.

I have found that the most controversial issue in the homeowners’ association setting involves shutter

deployment and removal standards. Many people like to use their shutters for privacy and shade, not

just hurricane protection. Seasonal residents often want to leave their shutters deployed while they are

away during the summer months and the height of hurricane season. Others object that a “shuttered

community” is aesthetically displeasing and invites criminal elements by advertising that so many

homes are vacant. The absentee owners also point out that when a major hurricane is coming, it may

be difficult or impossible for them to find someone to come and ensure their property is protected.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by

e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

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Agency Revisits Term Limit Issue

BY JOSEPH ADAMS JUNE 10, 2019

ARTICLE COMMUNITY UPDATE Q & APOWERED

BY

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headquarters in

Fort Lauderdale,

FL., is a multi-

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In 2017, the Florida Legislature passed a law which stated that condominium directors could not

serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.

The obvious immediate question was whether this law would be applied retroactively (reach back to

prior years of service to determine if a director was “termed out”) or whether the law would only be

applied prospectively (meaning that you would not count previous terms in calculating the 8 year

term limit). The law itself did not say one way or the other whether it was intended to be retroactive.

A long established rule of Florida law is that if the Legislature does not specifically state that a law is

intended to be retroactive, it is prospective only. Because the 2017 law was not stated to be

retroactive, most attorneys who practice in this field of law advised their clients not to count time on

the board before July 1, 2017 against the term limit calculation.

Condominiums in Florida are subject to extensive government regulation, primarily through the

Division of Florida Condominiums, Timeshares and Mobile Homes (commonly referred to as the

Division) which is under the umbrella of the Florida Department of Business and Professional

Regulation (which is most commonly referred to as DBPR).

The Division’s jurisdiction includes approval of disclosure documents created for new condominium

developments, education of condominium unit owners and board members, the staffing of an

Ombudsman’s office, the staffing of an arbitration program, and enforcement of violations of the

statute against developers and to a more limited degree, unit owner controlled condominium

associations. The Division also has certain authority delegated to it by the Florida Condominium Act

to make administrative rules that dictate how condominium associations operate.

The Division is not empowered to “interpret” the law in the same manner courts do, nor issue general

pronouncements of law except through its rulemaking authority and in a more limited manner,

through the issuance of rulings called declaratory statements. However, the Division’s “position” on

the law (how they will interpret it in exercising their powers and duties) is an important factor. Based

on all reports I have seen and heard, the Division’s position on the 2017 law was consistent with the

bulk of the legal community’s position, the statute was not retroactive.

The law was amended in 2018 to close the loophole caused by the fact that 1-year terms were not

covered by the previous statute. As with its predecessor version, most assumed the law would not be

considered retroactive. To the surprise of many, in September of 2018, the Division issued a

declaratory statement stating that the law would be retroactively applied, meaning pre-2018 years of

service would be counted against the 8-year term limit.

Legally speaking, a declaratory statement is merely an advisory opinion to a regulated person or

entity as to how the statute applies to that party in their particular set of circumstances. These

decisions are not “case law” like when an appeals court interprets the law. Appeals court rulings are

generally “the law.” However, the 2018 declaratory statement caused most attorneys to advise their

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clients that since election disputes are heard primarily by the Division, the association would most

likely face a ruling that the law was retroactive.

Recently, a new Division Director, Boyd McAdams was appointed. Director McAdams has advised

the legal community, through the applicable committee of the Florida Bar, that the previous

Director’s application of the law in that limited circumstance (the declaratory statement) is not

reflective of agency policy on the issue. I am given to understand that the Division’s position on the

law is that only terms beginning on or after July 1, 2018 will be counted toward the 8-year term limit

in the statute.

While the “correct” interpretation of the law is a matter only a court can decide, I think the Division’s

present policy is the legally correct interpretation and give kudos to Director McAdams for tackling

this tough issue in a straightforward manner early in his tenure.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by

e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

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HOA Board Meetings Must Be Open

BY JOSEPH ADAMS JUNE 16, 2019

Q & APOWERED

BY

Becker, with

headquarters in

Fort Lauderdale,

FL., is a multi-

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commercial law

firm with

attorneys,

lobbyists and

other

professionals at

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Q: My homeowners’ association is currently under developer control. Does a developer-

controlled homeowners’ association have to hold open and noticed board meetings? (B.P., via e-

mail)

A: Yes. Section 720.303(2) of the Florida Homeowners’ Association Act contains the legal

requirements for board meetings. The statue requires that notice of all regular board meetings be

posted in the community at least 48 hours in advance of the meeting. Additionally, members have the

right to attend all board meetings, and speak to all designated agenda items. There is no exception to

these requirements for developer-controlled associations.

Additionally, any committee or similar body that has the authority to make final decisions regarding

the expenditure of association funds or any body vested with the power to approve or disapprove

architectural decisions with respect to specific parcels of residential property must also hold open and

noticed meetings.

There are two exceptions to the requirement that meetings be open to owners. The first exception is

when the board is meeting to discuss personnel matters. The second exception involves meetings with

the association’s attorney with respect to proposed or pending litigation. These meetings may be

closed to the members.

Q: My condominium association is considering installing a heater on the pool. Is adding a

heater to the pool a material alteration that requires unit owner approval? (C.W., via e-mail)

A: Installing a pool heater to the condominium’s pool, where there currently is not one, would be a

“material alteration” of the common elements. Whether a unit owner vote is required will depend on

whether your declaration of condominium contains a procedure regarding material alterations.

Section 718.113(2)(a) of the Florida Condominium Act states that there shall be no material

alterations or substantial additions to the common elements or real property which is association

property, except in the manner provided in the declaration, or if the declaration is silent, upon

approval of at least 75% of the total voting interests in the association. There is usually one voting

interest per unit.

Q: Are written complaints from a homeowner against an architectural review committee/board

member considered an open record? Also, may the homeowner against which the complaint has

been filed inspect the complaint? (K.Z., via e-mail)

A: Yes. However, the homeowners’ association may have the duty to “redact” (cross out with a

marker) personal identifying information contained therein, such as protected personal information.

Section 720.303(4)(1) of the Florida Homeowners’ Association Act contains a “catch all” provision

that says “all other written records of the association” are part of the “official records.”

Section 720.303(5) of the statute provides that the official records are open to the inspection and

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copying by any parcel owner or his or her authorized representative within 45 miles of the community

or within the county in which the homeowners’ association is located. The records must be made

available within 10 business days after receipt of a written request by the board or its designee.

Records exempt from owner inspection rights include attorney-client privileged information,

information obtained in connection with the approval of a sale or lease, certain personnel records of

the homeowners’ association’s employees or management company employees, medical records and

protected personal information. Protected personal information includes, but is not limited to email

addresses and any address for the parcel owner other than what was as provided for notice

requirements and telephone numbers. The parcel owner’s name, parcel designation, mailing address

for notice requirements, and address within the community are not protected.

If a written complaint between a parcel owner and a board or architectural review committee member

contains personal identifying information that is protected by the statute, the homeowners’ association

should redact that information before making it available to a parcel owner for inspection or copying.

However, the statute states that there is no liability to the association in the event of an inadvertent

disclosure if the protected information was included in the written complaint by the parcel owner.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by

e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

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