Association Directors

Are you considering shifting to self-management but not sure where to start?

Are all the Florida Statute requirements confusing you?

Do you wish your association was better organized and more efficiently run?

Condominium Owners

Are you unsure of your responsibilities if your condo is damaged?

Are you having trouble obtaining assistance from your community’s manager?

Are you concerned that your Board of Directors is acting in violation of the law?

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27 Responses to

  1. As a director on the board of a condo association, I have often thought that having advice from a knowledgeable consultant would be helpful to board members dealing with complicated issues related to association management. Thankfully, an internet search led me to, and I received an immediate response. Now we are discussing the way forward in selecting a management company for our association.

  2. Where can I locate rules and regulations for condo property managers and management companies. In addition are there certain rules and regulations that detail what tasks can and cannot be dealt with and any conflict of interests.

    Thank you

    • Hi Maria –

      Great question!

      Florida Statute Chapter 468 Part 8 provides rules on licensure for community association managers and community association management companies in Florida. All managers that meet specific criteria must be properly licensed and approved by the Florida Department of Business and Professional Regulation (DBPR). All community association managers and management companies are overseen by the Regulatory Council of Community Association Managers.

      While there are no strict rules about what services managers may or may not provide, there are certainly professional standards of conduct and best practices. The Regulatory Council considers honesty, professional competence, due professional care, records delivery, proper use of association funds and proper licensure to be key professional standards. If you believe a management company is behaving unethically or acting outside of the best interest of the association, you may submit a complaint to the DBPR.

      Learn more here:


  3. Gail Bishko

    I am the owner of a condo that has suffered mold and drywall damage from a faulty showerpan in the adjacent condo. The leak was hidden, but ongoing, and the neighbor was not neligent. I hired a mold remediator and a contractor to replace moldy drywall. The neighbor’s insurance company refuses to pay because he was not negligent. My insurance company refuses to pay, although a have “mold” insurance, because a clause excludes damage from an on-going leak, even if unkown. The condo association is not taking any responsibility. WHO IS LIABLE? WHAT ARE MY REMEDIES? Can I recover anything other than the cost of the drywall from the Condominium Association?

    • Emily Shaw

      Hi Gail –

      These are very difficult situations and each is unique. That being said, based only on the facts you’ve provided, I would argue that you and the Association are responsible for repairing the damage jointly with responsibility divided according to Florida Statutes. Drywall is the responsibility of the Association and if there was mold to they drywall they would need to be involved with the remediation. Have you filed a claim against the Association’s insurance? You are entitled to the Association’s property and liability insurance information.


  4. Barbara Kelly

    Can my condo board determine window replacement specifications if these are not stated in the by laws ?
    I want to replace my windows with hurricane proof windows and the board is making me replace them with a custom made windows to replicate the old 30+ old style.

    • Hi Barbara –

      Generally, and I would need to see your documents to say for sure, the Board has a responsibility to ensure that the exterior of the property remains consistent in appearance. As such, it is very common for Boards to require that newly installed windows maintain the look of the original windows. That being said, you can generally find hurricane proof windows that are sufficiently similar to the original windows to meet both the needs of the Board and the homeowner. Is the Board telling you that you can’t install hurricane proof windows at all?


  5. What is the advantage for a self managed association to become a community agent managing firm? Is the cost involved only the application fee or are there other charges? The association already employs a CMA.

  6. If a board of director has an outstanding past due monthly maintenance assessments and partial payment for parking. This is approximately greater than 60 days. This is the President of the BOD. What are the rules for a board member and can we get him out.

    • Hi Lynn-

      Once the President becomes 90 days delinquent, he is automatically removed from office. Here is the specific language from Fl Statute 78.112(2)(n): ”A director or officer more than 90 days delinquent in the payment of any monetary obligation due the association shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law”.

      Prior to the President becoming more than 90 days delinquent, the only way to remove him/her would be through standard recall procedures.

      Hope that helped,


  7. Beverly Heppler

    What are the State Condo rules for a service dog. Our Association has a 35 lbs limit for dogs. Recently a homeowner brought a Weinheimer to his home stating it is a service dog for his son who is about 24 yrs old and goes to college. He has a deformed arm from birth, has lived here at least 15 yrs. and has never had a “service dog”. I realize this dog must have service dog papers but since it’s still a puppy that has not yet been addressed. However, is there rules on service dogs in a condo that has a poundage limit, especially since this is a NEW dog and one could have been purchased and trained that met our pound limit? What other rules apply to service dogs in a condo community?

    • Hi Beverly –

      I unfortunately have not had to deal much with service dogs up to this point so probably am not the best resource for you. I am not aware of any condo-specific statutes related to service dogs. I would think that the Fair Housing Act (or other federal laws that protect disable persons and their service dogs) would override any pound restrictions specified in your condo documents but I can’t say that with any certainty. I would recommend a little research on the federal laws around service dogs as I bet they address condominium living. Otherwise you may need a legal opinion.

      Sorry I couldn’t provide a straightforward answer on this one.

  8. I’m a siting member on my association and it’s apparent that other members of the association board are breaking the rules and statues set forth by the State of Florida. They are favoring their own units and skirting the application process, intimidating other owners, not doing formal voting or recording, offering tenants money to move out and acting as if the board set gives them the right to do whatever they want. What is the best way of reporting them and the association even though I’m a sitting member. I do not think it’s appropriate for these types of things to be taking place.

  9. Bidding on 6th floor condo that has a water stain on cieling near the balcony and away from kitchen and bath, who is responsible for repairs? Thanks

    • Hi Patrick –

      We would need more details in order to provide any type of guidance or support. Please shoot me an email.



  10. Emily…
    Not sure what details you are looking for….Stain is located 25′ from any water fixture. The unit above has the same floor plan. The concern is who will take the lead in determining the origin of the leak?

  11. Our condo Board has 5 members. One member has resigned. Per the documents, the Board appoints a replacement until the next annual election. What happens if there is a 2-2 split vote on the appointment?

    • Hi Mark –

      The way I see it is that the Board has the ability to appoint a replacement member and if there is a 2-2 split then the vote does not pass and the Board doses not appoint another member. It may mean waiting until the next annual election.


  12. I volunteered to be involved with my condo’s balcony restoration project. I have questioned why I have not been included to no avail. Is there anything that can be done considering the boards’ very bad track record on balconies to date and my very good track record in related pairs? Do I have a right to be involved and do I have a right to inspect paperworked on the engineer selection process and to get the reason for not including me in the process in writing?

    • Hi Howard –

      As you are not a member of Board I’d think you would have a difficult time arguing that you have a right to be involved in the management of the association in any capacity (including involvement in this balcony project). I do think it is a shame that the Board isn’t taking you up on your offer, particularly if you have experience in the field. You do have the right to view any documents which are official records and I’d say that includes any proposals or studies received from engineering firms. I would make a request for those documents in writing.


  13. eugene cavicchi

    You have answered my question before about audits. I brought the issue at tonight’s meeting about the independence of the auditor. Their response was that the auditor is paid $175 a month as a retainer and the manager does the books. However, even though he is paid a retainer of $175 a month, they consider him an independent auditor. I was stifled at the meeting by the board.
    Second, I never knew that the management company was tape recording the meetings. I had asked if we were being taped before the meeting and the manager said yes and the board replied that everyone knows that the meeting is being taped.

  14. I am looking for some guidance. One of our unit owners is handicapped and we found out that her sister is living with her. She is asking that her sister, as her caretaker, attend meetings of the Board, even though meetings are for “unit owners” only. In doing research, we are willing to make “reasonable accommodations” for her sister to attend with her – however, does that also mean that she can attend in her place?

    • Elaine –

      These situations are always difficult and someone who specializes in disability law should be involved. That being said, as far as I know only those with the homeowner’s power of attorney have the right to attend Board meetings in place of a homeowner.


  15. Does anyone have specific guidelines for flooring above the first floor? We would greatly appreciate any suggestions.

  16. Hi Emily,
    Great website that I have found recently. Thanks!
    Hope you can help with some email authorization questions I have.
    1. If you do not have a provision in your Condo Docs & Bylaws (written in early 70’s) about emailing correspondence, info, etc to unit owners does an Association need to amend the Condo Docs before it can get approval from owners to send correspondence via email? Our Board is considering emailing info to unit owners.
    2. If you do not need to amend the Docs & Bylaws does the Association design their own email authorization form or is there a standard required for from the State of Florida that must be used?
    3. Can an owner request that their email address not be divulged when another owner asks to see official records? From what I understand the authorization form becomes an official record.
    Thanks so much and sorry for so many questions.

    • Hi Susan –

      Regarding question number 1, I had been working under the assumption that if you get written consent from a homeowner to provide notices via email, then that was acceptable unless your governing documents specifically prohibited email communication (which I have never seen). Recently, I read this article which says that you DO need to amend your docs to ensure email is specifically allowed:

      I haven’t dug into this much further but a lot of times docs will provide method for giving notice and also have a phrase that says something like “or in compliance per Florida Condo law”. If there is a clause like this, perhaps you wouldn’t need to amend the docs. I can’t say for sure and I’d think you need a legal opinion. Its a shame if a bylaw amendment is required as many associations have trouble passing amendments and if a homeowner specifically consents to email notifications then it seems to me that this should be sufficient. It’s never easy I’m afraid.

      Regarding number 2, there is no set form provided. You can draft one yourself. Keep in simple. Shoot me an email if you’d like me to send you what I use.

      Regarding number 3, I agree that it becomes an official record based on how I read section 718.111(12)( c ). If you have a homeowner with specific concerns about their email address being provided to other homeowners, I may dig into this a little deeper with an attorney.

      If you are interested in some legal counsel regarding these issues specifically, we can discuss more via email.