The Association needs to follow the Law and could be liable for actions that deviate from the Florida Statutes. There are four basic areas where the Attorney assists the Association and where we are of help following his/her advice:
Support to the Association Legal Counselor
Board Basic Legal Requirements
- Maintaining Official Records R
- Records Accessible and not Available to owners
- Defining who is a unit owner
- Association’s Rights to access units
- Association’s Self managing
- Fines Rules & Maximum fines for Rules Violations
- Rules regarding Sale or rental
- Insurance protection to Board members
- Obligation to provide insurance on the case of Condominiums
- Purchasing and First Right of Refusal, if any, of foreclosed units
- Purchasing of units acquired by the Association by Board members
Rights of Renters & Owners
- Enforce rights of Renters to use Common elements as if he/she/they are owners
- Access to the common elements by owners that rented their units
- Lawsuit against the Association by unit owners and legal & assessments fees recovery
- Rights of Unit Owners
- Decisions that require a unit owner vote
Board Meetings
- Definition of a Board Meeting
- Rights of Owners to attend Board meetings
- Quorum of Board Meetings
- Vacancy and Replacement of Board members
- Notices of Board meetings
- Committees
- Fiduciary responsibilities of Board with unit owners
- Removal of Board member(s)
- Annual Meeting correct Notice to unit owners
- Frequency of Board Meetings
- Mandatory Board Meeting by Statute
- Use of Reserves Statutory Rules and Procedures
- Vesting on the unit owners of Reserves Use
- Competitive bids
Assessments Fees
- Definition of an Assessment
- Collections Rules of Delinquent accounts
- Difference between a Regular and a Special Assessment
- Approval of Special Assessments
- Suggested scenarios to calculate Assessments using Reserves
- Statutory Disclaimer for Non Fully Funded Reserves
- Suspension of Voting Rights due to Late payments
- Statutory Rule on yearly Maximum amount of Regular fees increases
- Disposition of Special Assessment excess funds collected
- Use of Reserves for purposes other than approved by the membership
- Rules applicable to Fees collected from delinquent unit payments
- Distribution of Assessments based on the Association documents ratios