Author: Ryan Poliakoff

Poliakoff: Condo board must adopt an annual budget at least 14 days prior to the start of the fiscal year.
      

Poliakoff: Condo association budget is approved at a board meeting, and the reserve waiver is approved at a membership meeting.
      

Poliakoff: It is common for community associations, including condos, to make payments by ACH, which is an electronic network for financial transactions.
      

Poliakoff: Power of attorney, if properly drafted and executed pursuant to Florida law, can be used to assign powers related to a condominium unit.
      

Poliakoff: While they may seem as if they should be governed by the same rules, purchasing and leasing are entirely different concepts.
      

Poliakoff: Quorum of board may not conduct business at social gathering without proper notice
      

Poliakoff: Many, if not all, sets of bylaws state that the president shall be the chairperson of board meetings.
      

Question: Can a condo association grant exclusive service to one cable company, or can owners choose their own service provider?
      

Poliakoff: To be enforceable, rules and regulations should be passed by the condo board at open board meetings.
      

Poliakoff: HOA board can disband the ACC and make architectural control decisions, but the president does not make that decision unilaterally.
      

Poliakoff: In a condo, 20% of membership must participate for a legal election, but in a HOA the election is a majority vote of those participating.
      

The vast majority of HOAs have the authority to make rules governing both the common areas and the lots, including how many vehicles are allowed.
      

Poliakoff: If board members are unable to conduct business, they should appoint replacements and then ratify the decision.
      

Problems with short term rentals in deed-restricted communities have accelerated with the popularity of vacation rental websites like AirBnB and Vrbo.
      

Condo Q&A: Access rules should not block legitimate tenants from entering a community.
      

Condo Q&A: When two associations are tasked with maintenance of common property, usually the condo board maintains authority.
      

HOAs may be liable if they fail to maintain sidewalks that become safety hazards.
      

Condo association governing documents determine any restrictions on property alterations.
      

Poliakoff: HOA board members remain seated until they are re-elected or a new director is elected to that seat.
      

Often the governing documents give condominium boards broad authority to pass special assessments as needed.