All Questions
17
questions
1
vote
1
answer
176
views
Are Condo owners an indispensable party?
Assume that a Florida HOA has failed to enforce its bylaws: owners have improperly built improvements on the common area (land), some of these owners have sold their units. Assume said improvements ...
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3
votes
1
answer
343
views
HOA shredded our Money Order. Is Money Order an Official Record? Are there other Records we can request?
Per our state's rule on HOAs:
(4) OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association:
[...]
(j) ...
- 319
-1
votes
3
answers
1k
views
Are political flags equivalent to signs?
Context: A Florida Condominium HOA prohibits signs. UPDATE: Assume that HOA governing law is FS718.
Excluding the flags described in FS718:
(4) Any unit owner may display one portable, removable ...
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0
votes
1
answer
81
views
FS718: Majority vote at Meeting of the association
From Line item number 3:
Reserve funds and any interest accruing thereon shall remain in the
reserve account or accounts, and may be used only for authorized
reserve expenditures unless their use for ...
- 27
1
vote
1
answer
103
views
Construction: may vs shall
Context:a Florida HOA bylaws indicate:
The passage below indicates may:
Special meetings of the Board may be called by the president on
five(5)days notice to each Director either personally or by ...
- 7,169
3
votes
1
answer
2k
views
Dissolution of HOA
Florida requires HOAs to be registered as nonprofit corporations.
If an HOA allows its registration with the state to lapse into dissolution: Does its officers and agents bear liability for any ...
- 7,169
0
votes
1
answer
112
views
Date Calculation
Florida HOA law (FS718) indicates a response is required from the board within 30 days of receipt of certified mail. Assume a letter is mailed July 1. How exactly would the courts decide which day ...
- 27
0
votes
1
answer
90
views
Who owes when condo owners change?
Assume that an HOA has improperly violated a statute by removing moneys from a reserve account and paid the unit-owners. Relevant Florida laws include:
718.112(2)(f) 3. and 4., Florida Statutes:
3. ...
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0
votes
1
answer
41
views
Evidence Estoppel
It is in the interest of the courts to that Florida HOA records are accessible so as to ensure that it is possible to resolve difference before bringing them to an authoritative adjudicating body. ...
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3
votes
1
answer
203
views
Can our HOA require us to help purchase unused properties in our subdivision?
Our HOA held a vote to buy 3 unused parcels of land in our neighborhood. The purchase requires us to pay an additional $763 on top of our annual fee. Am I required to help purchase this property for ...
- 31
1
vote
1
answer
151
views
Doctrine of balancing the relative conveniences of the parties
A defense claim of Equitable Estoppel is invoked:
...Claims are barred in part of by the Doctrine of Equitable
Estoppel...enforcing the Governing Documents as alleged by Petitioners
would be ...
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1
vote
2
answers
96
views
Injunction, petition or other?
A Florida homeowner association is violating its bylaws and statutes by performing action X. Does one seek an emergency? preliminary? injunction from a judge to not perform X? or is it a petition?
...
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0
votes
1
answer
192
views
Barring a Vote due to conflict of interest
Florida HOAs are governed by FS718.3027 Conflict interest criteria. "Litmus" test comprise (are not necessarily limited to):
(a) A director or an officer, or a relative of a director or an ...
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2
votes
1
answer
139
views
"Reasonable Rules"
Florida FS718.111 (c) 1 indicates a Homeowners' Association (HOA) may adopt reasonable rules for access to the association records, given that a professional Certified Apartment Manager (CAM) provides ...
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2
votes
1
answer
2k
views
What Compels a Florida Condo HOA to repair termite damage?
What statute, if any compels a Florida HOA to address an issue, such as termites? Is there a quantitatively measurable event that compels the HOA to address the issue?
Assume the issue affects to ...
- 7,169