Albert Moore, Attorney at Law

My Homeowner Association Is Currently Under Developer Control; Does A Developer-Controlled Homeowner Association Have To Hold Open Board Meetings?

Clients often ask whether a developer-controlled homeowner association is required to hold open board meetings. There is no statutory requirement for this, and governing documents typically don’t contain obligations aside from an initial meeting. If the governing documents do require additional meetings and those meetings are not being held, then the members can make a complaint to the DBPR, file for arbitration if it is a condominium, or file a lawsuit in state or federal court if it is an HOA or arbitration has come and passed. In a lawsuit of this type, the members would cite the terms of the governing documents and the ways in which the developer is not living up to those terms. However, developers are usually pretty seasoned and understand that the fewer restrictions they put in for themselves, the better off they are. Since the governing documents are generally geared toward developer-run associations rather than member-run associations, attorneys usually suggest that the governing documents be restated when the control is turned over to the members

A Condominium Association Is Considering Installing A Heater On The Public Pool; Would This Be Considered A Material Alteration Requiring Owner Approval?

Most of the decisions that are out there with regard to arbitration rely on the basic premise that the addition of a pool heater would, in fact, be a material alteration under the condominium material alteration statute. As such, it would require 75 percent of the owner vote (or whatever percentage is dictated by the governing documents). With that said, there is also an arbitration decision that deals with the replacement of a pool heater, which is considered maintenance since the heater would have already been there.

Are Written Complaints From A Homeowner Against An Architectural Review Committee Board Member Considered Open Record? May A Homeowner Against Which The Complaint Has Been Filed Inspect The Complaint?

Complaints are considered to be official records of the association, and there are only a few exceptions to record requests. A complaint that’s filed against the board or against another member would be subject to the official records, which means a member could make an official request and the association would be obligated to fulfill that request. If the complainant sent the complaint via email and did not consent to email notice nor to the association’s email list, then their email address may need to be redacted from the record. However, their name and address would not be redacted. Anyone who is issuing complaints should know that every other member of that association will likely be able to obtain a copy of the complaint.

For more information on HOA Associations, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (772) 242-3600 today.

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