What Notice Is Required for Meetings? | Ensure You Are Compliant
As we approach the end of the year please remember that meetings at which the budget will be discussed and approved, or assessments determined and levied, require at least fourteen (14) days-notice to the membership for both condominium and homeowner associations. Professionally-managed and self-managed associations are required to provide all members of the association with information that relates to expenses and revenues. Be mindful to not provide copies of coupon books or statements for the next year’s assessments to delinquent owners unless those items are clearly marked or accompanied by a statement advising of their delinquent status. The reason is simple: delinquent owners may accept the bare coupon book or statement as a waiver or estoppel of no delinquency and complicate your association’s efforts.
Late fall is annual meeting season for many of our clients. Both the Condominium and the Homeowners Association Acts require that the association provide at least fourteen (14) days-notice to the membership of the date, time, and location of the annual meeting if the association’s bylaws do not provide a different notice period. Be sure to check your association’s bylaws and determine the exact notice required. If the bylaws are silent, be sure to send the notice out at least fourteen (14) days prior to the annual meeting.
Reach our community association team at CA@ansbacher.net.
What do you do if your declaration has expired?
Revitalization of Covenants
If your homeowners’ covenants have expired because they were not preserved as required by statute, you can undertake the revitalization of your association’s covenants by taking advantage of the provisions of Part Three of the Homeowners’ Association Act. If your covenants have expired, then your association has few means to enforce the covenants, collect assessments, and undertake any of the other responsibilities of the association. The better practice, of course, is to timely preserve the covenants and avoid expiration, but if your documents have expired they can be revitalized. The process, found in Chapter 720, Part III, provides guidelines for the revitalization of your covenants. If you know or believe that your association’s covenants have expired or are about to expire, contact Ansbacher Law and let us help you renew, preserve, or amend your association’s covenants.
Did you know?
Homeowners Association Bill of Rights
Following in the wake of the Hammocks HOA case, where Board members and family members were indicted for allegedly engaging in embezzlement, fraudulent contract schemes, as well as vote tampering, and member harassment, the Florida Legislature passed the “Homeowners Association Bill of Rights” – new section 720.3065 – for the purpose of protecting owners from fraudulent voting, intimidation, harassment, or abuse by out-of-control directors. The new statute provides that such activities described would now be criminal acts, punishable as misdemeanors.
Victoria Stanisauskis is an associate attorney at Ansbacher Law. She assists condominium and homeowner associations with general counsel services and covenant enforcement. Victoria was born in Las Vegas, Nevada and currently resides in Orlando. In her free time, Victoria enjoys reading, spending time with family and friends, and volunteering in her community.