Install camera to monitor entrance’ activity

Question: Can an owner install a security camera to monitor his entrance area in a condo complex and can the board approve this as an agenda item? – K.T., Jensen Beach

Answer: It depends on the governing documents for the condominium. Generally, an owner has no right to modify the common elements without the approval of the Board. Most governing documents have a provision that does allow such improvements with Board approval and providing that the owner is responsible for the maintenance of the item. If the documents contain such authority then the answer is yes, the Board could allow this. However, allowing owners to make improvements to the common elements is generally not a good idea. Also, the owner should be aware that any alteration they are allowed to make does not change the fact the area in question is still a common element which all owners are entitled to use.

Question: Our Master Homeowner’s Association follows very detailed procedures in our documents for candidates who apply for election to the Master Board, and the voting takes place before our annual meeting. Is there any state law requiring us to also take nominations from the floor at our annual meeting, after the voting under our documents has already occurred? – L.S., Stuart

Answer: Chapter 720, the Florida Homeowner Association Act, contains very little regarding elections. It essentially provides that elections are to be conducted according to the bylaws. It goes on to provide that if there is a procedure in place to allow nominations in advance of the meeting then nominations from the floor are not required. So if in your case nominations are allowed prior to the election, then the association would not be required to allow nominations from the floor. However, some will argue if the Bylaws provide that nominations from the floor shall be allowed then you would still have to allow them. If ballots have already gone out and been returned, a candidate nominating themselves from the floor of the meeting will have little chance of success.

Question: Article VII, Section 2 Directors’ Meetings, of the By-Laws of our Homeowners Association states that “Regular meetings may be held without notice.” However, my neighbor maintains that the provision is illegal. He cites Florida Statute 720.303(2)(c)(1) which states “Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. I disagreed and pointed out that his citation is preceded by the qualifier that “The bylaws shall provide for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to provide the following” Who is right?

Answer: I believe your neighbor is correct. As you correctly point out the law provides that “The bylaws shall provide for giving notice to parcel owners … and if they do not do so shall be deemed to provide the following;” In your case, your bylaws provide that no notice is required. Giving no notice is the same as not giving notice as addressed in the Statute. I believe this provision of the Statute is intended to address exactly your situation in that your owners are not given notice of Board meetings, and the law provides that they should be given notice.

Richard D. DeBoest II, Esq., is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

Source: Florida Realtors