Legal Updates – 2019

Three of your board members, Wilda, Judy, and Chris attended a recent presentation by Becker legal’s Joe Adams regarding condominium law.

Here are some of the highlights:

  • Regarding website posting of contracts – a LISTING or SUMMARY of contracts is permitted
  • Board members can DISCUSS via email but cannot VOTE via email
  • Material Alteration of Common Elements, such as change or addition of amenities requires a vote of 75% of the ownership. Examples?
    • Appearance / Function / Use of common elements
    • Changing paint color
  • Boards should effect a regulation regarding Electric Vehicle Charging Stations. Note – putting in a common charging area is a MATERIAL ALTERATION
  • Boards should effect a procedure for information requests (email? to whom? etc)
  • Annual Official Documents should be mailed to the ADDRESSES FROM THE COUNTRY PROPERTY APPRAISER’s office
  • PETS and Emotional Support animals – these are FEDERAL rules – State of Florida can’t override these.
    • The “Frisco” case applies for pets: allowing cats is EQUAL to allowing dogs
    • Emotional Support Animals are equivalent to allowing oxygen tanks; while compressed oxygen tanks might otherwise be prohibited, the Medical statement could supercede that. If the owner dies, the right for the animal goes away as well (same for the O2 tank, if prohibited).
  • Committee Meetings – are covered under the Sunshine laws
Listen to Joe Adams presentation