condo law

Some members of my homeowners association are getting mixed messages regarding qualified voters. One member was told that her daughter who is not on her deed is unable to deliver her proxy vote. Another member was told her live-in boyfriend, who is also not on the deed, was eligible to deliver her proxy. Can a member have anyone be their proxy or must the proxy be another member or a homeowner?

You will need to look at the homeowners association's governing documents to determine the answer. Under Florida law, if the governing documents do not discuss proxy voting requirements, the proxy vote will be valid if: it is dated; states the date, time, and place of the meeting for which it is given; and is signed by the authorized person who executed the proxy. Florida law does not mandate who delivers the proxy vote, but the governing documents may say otherwise. If the governing documents mandate a different requirement, those documents will govern.

If a condo association denies an applicant from buying into the complex, does Florida law require the association to put the denial in writing or can they just do it verbally?

It is the condominium association's governing documents — not Florida law — that would give the association the right to deny an applicant. You will need to review the association's declaration of condominium to determine whether and how it can deny applicants from moving into the complex.

Can a condo association require a unit owner to hand over a copy of the key to their home?

Yes. Florida's Condominium Act gives associations the irrevocable right of access to each unit during reasonable business hours, when necessary, for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units. In cases where unit owners have challenged this law, Florida's Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes has repeatedly upheld that right of access.

source: sun-sentinel.com


link to the original post:
http://www.sun-sentinel.com/business/custom/consumer/sfl-flbcondocol1119sbnov19,0,5943486.story



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