Blog

November, 2015

Electronic Voting in Condos and HOA’s Poses Practical Obstacles

November 25th, 2015

Posted in Condominium & Homeowner Association Law

If you are reading this, then you are likely aware that the Florida Legislature recently passed laws authorizing electronic voting for condominium and homeowners’ associations. Specifically, the legislature passed Sections 718.128 (for condominiums) and 720.317 (for homeowners’ associations) of the Florida Statutes which became effective on July 1, 2015 and provided that an association may conduct elections and other votes through an “Internet-based online voting system.” Prior to implementing such a system, the board must pass a detailed resolution and the members must consent in writing. Although the legislatures’ action in permitting voting through a mechanism that comports with our digital age is commendable, the new laws raise some practical concerns and therefore community associations should seek advice from legal counsel before implementing an internet-based voting system.


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Condos and HOA’s Must Hold Special Meeting to Approve Budget with Waived or Reduced Reserves

November 13th, 2015

Posted in Condominium & Homeowner Association Law

For many Condominium and Homeowner Associations this is a special (exhausting) time of year: budget season! A common issue that comes up when preparing the budget is whether the Association wishes to pass a budget with waived or reduced reserves. Reserves are generally those amounts for future projects that will not occur in the next year or which projects will cost in excess of $10,000.00. A review of either the Florida Condominium or HOA Act, respectfully, is required for specific reserve funding requirements for your community.
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Do I Need to Write “Trustee”, “Attorney-in-Fact”, or “POA” after My Signature on Documents?

November 4th, 2015

Posted in Asset Protection,Estate & Personal Planning,General Practice

When you act as a trustee under a Trust or as an attorney-in-fact or POA under a Durable Power of Attorney, you are doing so as a fiduciary and under a legal role where you have certain legal authority. The above question could apply to any documents you sign such as a mortgage, promissory note, contract, or check. The short answer to the above question is – no, you do not need to. However, you may want to (depending on the type of document), and it may better practice to do so. Moreover, what the document actually says may control despite however you may sign.
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