There is a growing trend in community associations nation-wide arising from recognized changes in the Fair Housing Act (the “FHA”) as well as in the Americans With Disabilities Act (the “ADA”) that require pets, primarily dogs, to be permitted in previously animal-free or restricted communities. The reason: people with disabilities have been found to cope with life’s demands more ably with an animal by their side.  The disabilities which are said to be positively impacted by the assistance of an animal include epilepsy and seizure disorders, diabetes, various emotional and attachment disorders, and, of course, persons with diminished vision or blindness.

With the start of the New Year, many Associations will be having their Annual Membership Meetings within the next month or two.  Because some Directors may not be re-elected or decide not to accept nomination to be a Director again, issues may arise regarding what items in possession of the departing or “X-Director” are part of the Association’s “Official Records” and, therefore, should be returned or delivered to the Association for its maintenance as part of its Official Records. 

I recently heard a popular estate planning guru boldly make the following statement: “Everyone should have a living revocable trust.” Because of this person’s popularity in social media circles I saw many blind followers respond in ‘knee jerk’ fashion by spending several thousands of dollars to creatively construct living trusts to distribute their assets when they die.

Don’t get me wrong, I’m not opposed to living trusts (sometimes called inter-vivos trusts).They can be helpful estate planning tools. I have created numerous living trusts myself. What I am opposed to are short sighted statements that presume ‘one size to fit all’ no matter what they be.

Unfortunately, many associations must deal with the dilemma of how to respond when an owner is less than cooperative.  Take for instance, an association that has a governing document requiring the association to provide pest control.  What happens when the Unit Owner decides he or she doesn’t want to let the association enter the property to provide this service?

The Florida Condominium Act requires that notice of all Board Meetings specifically identify the agenda items and be posted conspicuously on the condominium property for at least 48 continuous hours before the meeting, except for in the case of an emergency.  Additionally, if the Board Meeting is to consider a non-emergency special assessment, the association budget, insurance deductibles or amendments to rules regarding unit use, the written notice must be mailed, delivered or electronically transmitted to the unit owners and posted on the condominium property conspicuously at least fourteen (14) days before the meeting.  However, a Condominium Association should always check its bylaws to determine if there are more stringent or additional notice requirements for these types of meetings.

If you are a member of a Community Association in Florida (a Condominium Association, Cooperative Association, or Homeowners Association), then you have the absolute right to access your Association’s “Official Records.”

Florida Statutes (§718.111 for Condominiums, §719.104 for Co-ops, and §720.303 for Homeowners Associations) provide that a member of an Association has a right to have the Association’s Official Records made available to the member, upon the member submitting a written request for access.

Does your homeowners association conduct nominations from the floor at its annual election?  Recent changes to the Florida Statutes governing homeowners associations have given some associations the right to choose to forego nominations from the floor as a part of that association’s annual elections process.  But, before your association decides to take this important step out of its annual election process, you should make sure that your documents are analyzed for compliance with the statutory requirements for this action. 

Historically, anyone offering to sell a condominium unit was required by Chapter 718, Florida Statutes, to provide each potential purchaser with a “Frequently Asked Questions & Answers” sheet. While Condominium Associations are no longer required to provide this sheet to potential purchasers, they are required to create FAQ&As, maintain it within their official records, and provide it to a member upon request.