HOA responsible for erosion caused by negligent maintenance of lake vegetation
Poliakoff: HOA responsible for erosion caused by neglect of lake vegetation
Poliakoff: HOA responsible for erosion caused by neglect of lake vegetation
Poliakoff: Condominium may restrict guest use of common elements
Poliakoff: Unclear whether homeowner’s associations may enforce term limits.
Poliakoff: Many HOA declarations provide methods for owners who share repair responsibilities to compel their neighbors to carry out responsibility.
Poliakoff: Condo board, not property manager, is responsible for deciding to engage contractors.
Poliakoff: Many association governing documents grant boards the right to pass special assessment, so long as the funds are used for common purposes.
Poliakoff: Condo declaration will expressly describe parking and how the parking spaces are treated and assigned.
Poliakoff: Condo board meetings must be open to all owners, and the right to attend such meetings includes the right to speak.
Poliakoff: Can nonpayment of country club condo dues result in eviction? It depends.
Poliakoff: Board member’s participation in a meeting via Zoom counts toward a quorum.
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.