Juda Eskew and Associates

Q: A merger has taken place naming the master association as the surviving corporation. Finances of the smaller sub associations are not merged and are accounted for separately. The Florida Division of Corporations lists the master association as active but the four sub associations as inactive. Now the need to update the official documents arises. What is the correct threshold needed for approval by the owners? A: It sounds like you have a “multi-condominium association” which now operates 4 legally declared/separate condominiums, plus property that all previously shared, apparently under some kind of “master declaration.” Read more -> https://lnkd.in/ebm82xEw

Q: I am on the board of my condominium association, and we are in the process of repairing our building following damage from Hurricane Ian last year. The board of directors must make numerous decisions regarding the reconstruction process. To facilitate the reconstruction, the board has been using an online system where each board member can login to review the pending issues and mark their agreement with the decision. Can the association use this type of system to facilitate the decision-making process following such a catastrophic event? A: No. Learn more here -> https://lnkd.in/e9ZEjJ-a

Q: Is a homeowners’ association permitted to adopt amendments changing the leasing rights of owners in the community? I was recently told that the statute was changed, and rental restriction amendments are no longer permitted. Is this correct? A: Not exactly. Read to learn more: https://lnkd.in/eVFbtmXM

Q: The board of directors of my condominium association has been discussing taking out a loan to pay for major repairs to our condominium building. To my knowledge, our association has never borrowed money before. It seems to me that for such a serious undertaking, a vote of our owners should be required. Is a loan by the association a mortgage on my unit? A: Borrowing money by condominium associations is not uncommon. Read to learn more: https://lnkd.in/eqUY9RFz

Happy New Year!

Happy Holidays from Juda, Eskew and Associates

Q: My condominium association is in the process of renewing its insurance policies and our insurance agent advised that we needed a fidelity bond policy with a higher limit for the coming year because of the insurance proceeds the association received following Hurricane Ian. Why would we need higher limits on our fidelity bond? Learn more here: https://lnkd.in/eTBexWCy

The financial well-being of any association is based on the proper adoption and collection of assessments. Assessments are the lifeblood of the community and how an association pays for the maintenance and upkeep of the community. Without proper adoption and collection of assessments, communities can fall into disarray and struggle to provide services to their members. Read more here: https://lnkd.in/e3xeUQRm

Q: Can the board of an association conduct business by e-mail vote between meetings, and then ratify the votes at the next board meeting? A: No. Read to learn more: https://lnkd.in/eDD9uijY

In continuing with our overview of the legislative changes from the 2023 legislative session which impact community associations, this week’s column will review HB 919, titled as the “Homeowners’ Association Bill of Rights.” HB 919 was approved by the Governor on June 12, 2023, and becomes effective on October 1, 2023. Read to learn more https://lnkd.in/eEV657sf