Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning, and business law.
Q: I live in a community that has multiple individual associations. Some condos follow Chapter 718 and some homes follow Chapter 720. The condo associations (718) and homeowners association (720) are charged capital contributions by the Master Association that covers everyone. The condos were told it was legal because the community has both types of associations. Is that true? M.M., Naples
It may be. The determination of whether a master association is governed by Chapter 718 or Chapter 720 involves a complex legal analysis developed by Florida case law, including the seminal case of Downey v. Jungle Den Villas Recreation Association, Inc., 525 So. 2d 438 (Fla. 5th DCA 1988). In determining whether the master association was subject to Chapter 718, the Court considered whether the association’s membership was comprised of only condominium unit owners; whether only condominium unit owners had rights in the property administered by the association; and whether the association maintained and operated condominium property.
Given the complexities that may be involved in making this determination, I recommend that you engage an experienced community association lawyer to review the particular circumstances of your situation.
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Q: When selecting a contactor to perform major work on the condominium buildings such as power washing or replacing roofs, does the selection of a contractor have to be done at a HOA Board meeting? K.L., Naples
Yes, the selection of a contractor should be approved at a Board meeting. As you are aware, your condominium is operated by a corporate entity. The corporate entity acts via its Board of Directors, and the Board of Directors acts via a vote at a Board meeting. As such, the acts of the association are those that are approved by the Board of Directors at a Board meeting.
Directors may use email, texting, and similar tools as a means of communication, however, Directors may not vote via such means. Generally, acts approved by a majority of the Directors present and voting at a meeting at which a quorum exists constitute the acts of the Board of Directors.
Lee-Anne Bosch, Esq., is a Partner of the Law Firm of Goede, DeBoest & Cross, PLLC. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
This article originally appeared on Treasure Coast Newspapers: HOA Q&A: Must selection of a contractor be done at a Board meeting?