One of the best resources for condominium owners and association board members is the Florida Office of the Condominium Ombudsman.
With a main office in Tallahassee and a satellite in Fort Lauderdale, the ombudsman’s office is the place to call for a quick question about state condo laws and administrative codes and to turn to for condo association election and meeting disputes. The office also offers inexpensive classes on condo laws throughout the year.
Have a suggestion? Among other duties, the office also collects public feedback concerning condo laws. E-mail or call 850-922-7671 or 954-202-3234.
Here are some of the frequently asked questions and answers, courtesy of Bill Raphan, supervisor of the South Florida Ombudsman’s Office:
Can our board of directors levy ‘special assessments’ any time they want?
Your board of administration has the legal and fiduciary duty to collect the funds necessary to run the association and properly maintain the property. In general, special assessments should be passed to cover unbudgeted expenses and shortfall in revenue. As a rule, individual unit owners do not have a say in the process. My association board members say I cannot bring up an issue at a board meeting. Is that true?
According to Florida Statute 718.112 (2) (c) unit owners have the right to speak at board of administration meetings with reference to all designated agenda items. If it is not an agenda item, the chairman can consider you “out of order.” But most associations have an agenda item called “Good and Welfare” or “Open Forum” at which time non-agenda items can be brought up by unit owners.
My association has warned I am illegally parked and threatened to tow my car. Can they do this?
If you are in violation of a properly promulgated rule by your association concerning where you are parked, or what type of vehicle you have parked there, as some associations forbid overnight parking of work trucks, you may find your car towed away.
If we do not have a quorum at our annual meeting and/or election, does that mean the old board should continue serving another year?
No. To hold an annual meeting, you need a quorum of unit owners present in person or by proxy. However, the election may still take place. The only requirement is that 20 percent of eligible voters cast a ballot.
Daniel Vasquez can be reached at or 954-356-4219 Broward County or 561-243-6686 Palm Beach County. His condo column runs every Wednesday in the Local section and at The Sun Sentinel is hosting a Condos & HOAs Town Hall meeting on Oct. 29 at Nova Southeastern University. Submit a question for our panel of experts online at
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