Condominium Associations

Condominium Associations

Do your Association COVID rules need adjusting as we move into Season?

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With the cold weather up north and new lock downs in some states put in place from COVID spikes we are seeing a lot of snowbirds flying and driving back down here escaping from their lockdowns up north.

While many Condominium and Homeowners’ Associations had loosened their COVID rules over the summer with many owners away, they are now filling up fast and we are getting reports that some of the snowbirds are arriving COVID positive.

This is upsetting a lot of the full time folks who did not have to worry that much about COVID in their building or neighborhood over the summer when not many were around.  Some also worry about whether they have an obligation to inform the other residents that someone COVID positive has moved in.

As long as those testing positive quarantine for the appropriate period, there should not be much risk to the other residents and the government can handle contact tracing.  We don’t see much of a problem in notifying owners that someone has tested positive in the community but we do not recommend telling other owners their names or their unit number or address. Hearing of positive tests does not seem to be much of a rarity anymore.

However, as long as there is still a state of emergency ordered by the Governor, your Association may want to reinstitute its COVID rules or continue the ones you already have in place until the emergency is lifted or the new vaccine distribution becomes prevalent.

Many associations require masks for all individuals when they are in the common area of the buildings or clubhouses, including elevators, hallways, work out rooms and social rooms.  They also encourage social distancing and hand washing.  Some Condominium Associations only permit construction in units if an emergency and ask their owners to put off remodeling or other non-emergency construction to limit the number of outsiders in the building. Others, with more elderly populations, are prohibiting leasing, guests and/or non-resident family members of unit owners until the state of emergency is lifted.

It is great to hear that the vaccines with over 90% effective rate appear to be on the way and hopefully that will get us back to normal.  Until we can all get a shot, keeping safe in our homes and while out and about should continue to be a priority.

Condominium Associations

Voting on amending governing documents

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Well, Tuesday will be the day folks will go vote in person for President of the United States. That is for those who did not already vote by absentee ballot.  When the votes are counted anybody who did not vote is not counted at all in determining who will win and be our next President.

However, this is not usually the case if you’re Condominium or Homeowners’ Association has old developer drafted documents that have never been updated.  Most of these old governing documents provide that they can be amended with the approval of either 2/3rds or 75 percent approval of all the members.

This means that if an owner does not return a proxy vote to be counted, their vote will always be counted as a NO vote.  As a result many good amendments that have been well thought out by the Board of Directors will never pass just because of the inherent apathy of many owners when it comes to proxy voting.  When you ask those who did not vote how they would have voted had they done so, the vast majority would have voted to approve the proxy questions!  But because they did not vote, they are counted as a NO vote.

You cannot really blame these owners for such apathy because many believe their vote really does not matter and being busy people they may not want to take the time to read everything and figure out how to cast their proxy vote.  Many who own a lot of stocks receive such proxy solicitations from the companies they own stock in all the time and unless they owner a great percentage of the stock in the company, their vote probably really does not matter so they throw the stock voting package in the circular file.

Unless this apathy condition is broken, when it comes to voting to amend the Association’s governing documents, the Community can get stuck in the stone-age with old documents that no longer reflect current law or current practices in the industry.  This can really hamper the ability of the Community to properly conduct business and legally keep up with the times.

We find it beneficial for many Associations to go get a vote of its members just to bring down the too high voting requirement in their governing documents to a reasonable level so that in the future good amendments can get passed or the governing documents (Declaration of Covenants, Articles of Incorporation and Bylaws) can be rewritten to be up to date with the law and conform with standard modern practices.

  Typically we suggest the voting requirements for amendment should be changed from either 2/3rds or 75 percent of all the members to 2/3rds or 75 percent of “those who actually vote”.  You will still need at least a quorum of the members to send in their proxy vote to have a legal meeting to count the votes. We find that when a proxy voting package is sent out, you get between and 65 to 75 percent of the owners voting.  So, you will then need 2/3rds or 75 percent of somewhere between 65 and 75 percent of the owners. This is a manageable number to get and is still a super majority of the members voting wanting a change.

In order to get the first amendment to bring the vote down, you will probably need to have a get out the vote committee to knock on doors, call neighbors and send e-mails a few days before the meeting to count the votes to make sure you get the initial 2/3rds or 75 percent.

You can open the proxies as they come in to keep a running tally of the vote and then a few days before the meeting you can see how many owners you need to contact to get to the magic approval number.  Owners can e-mail or fax in a signed copy of their proxy which is as good as an original and can be counted.

Condominium Associations

Association’s powers during pandemic

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Many associations are scheduling few regular board meetings now because of concerns of risk of spread of COVID-19 from gatherings.  However, while fewer board meetings are taking place, association business needs to continue and the association needs to continue to contract for the maintenance, repair and replacement of the condominium and homeowners’ associations properties.

So how do associations approve contracting with vendors between board meetings?  The president of the association is the person with the actual authority to contract with any and all vendors of the association.  The vendor can rely on the president’s signature on the contract as a binding contract whether or not the board internally approved the contract or not. For low dollar contracts, the board has usually granted the president with the internal authority to go ahead and sign such contracts without the need for board approval.  However, for large dollar contracts, usually the board wants to review and approve the contract before the president signs off.

Many times however, the large contract cannot wait until a board meeting can be set, noticed and held.  It may be that a discount can only be made in a major repair contract if signed quickly especially when trying to get the contract services moving right away.  This can be important if the association wants the job completed before the next Season when the snowbirds return and the buildings or neighborhoods fill up again.

We have found that the best way to get such contract timely signed and protect the president in doing so, is for the president to informally individually poll some directors (either by phone call or individual e-mail) to make sure at least a majority of the board has the president’s back in signing the high dollar contract.  If the president gets such an informal majority of the board’s approval to execute the contract, then he or she can feel comfortable with signing it. Such a poll is not a formal vote of the directors as the directors cannot formally vote outside a scheduled board meeting.  However, the board can then later formally ratify the contract the president signed at its next scheduled board meeting under old or new business.

This power of the president and the board is even stronger during the state of emergency ordered by the Governor during the pandemic as statutory emergency powers granted to associations during stated emergencies are in play. For example, temporary emergency rules limiting access to the Condominium or association property can be enacted to limit guests, visitors, and vendors to the condominium units or homes to decrease the change of COVID-19 spread to those in residence. Such emergency access rules are very important for condominiums or homeowners’ associations that have a large elderly population.

Condominium Associations

Virtual meetings are the norm for now

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Under the emergency powers granted by the Governor and to ensure social distancing under his COVID-19 orders, many Associations cancelled their Annual meeting (usually held between January and March each Season) to be rescheduled at a later time.

We are now into May and we are not sure when all social distancing orders or suggestions will be lifted. Therefore, some Associations are now looking to reschedule their annual meeting sometime this month or next rather than waiting longer into the year.  They may be having contested elections and want to see their new board seated and/or are voting on various important proxies issues.

When you can’t have more than 10 people gathering and they have to stay at least 6 feet apart it is difficult, if not impossible, to have “in person” Condominium or Homeowners’ Association meetings.

The best way we have seen for Associations to have their board and members’ meetings then is to have them by teleconference or video conference.  You can provide the call in number and code or video meeting log on link to the members on the notice of the board or member’s meeting that is posted and/or mailed out to the members and the access information can also be blind copy e-blasted to owners.

Telephone and video conferences are an acceptable option as every person on the conference can hear and talk to others on the conference the same as if they were in person.  You can set rules as to when and how those attending the teleconference or video conference can speak similar to in person meetings.

If it is an annual or special members meeting where ballots and/or proxies are to be counted, you could allow just a few people (including the counters) attend the meeting in person to count the ballots and/or proxies in a socially distant manner to stay safe.  They would also be on the teleconference or video conference line where everyone else is attending.

Some Associations with a snowbird or transient population already have teleconference or video conference board meetings in the summer so they are used to having such meetings.  The drawback of video conference meeting is that sometimes they seem not to work too well if lots of members log on and some owners do not have video conferencing set up on their computers.  We don’t see such issues with teleconference meetings.  If you want to have an attorney client privileged closed board meeting, video conference works very well as there are usually less than 10 participants.

We all look forward to the day when social distancing is a term of the past and neighbors can get together in person again to conduct association business eye to eye. Virtual meetings cannot provide the same warmth and camaraderie of face to face. Maybe we will get handshakes back too someday. Until then, it looks like telephonic or virtual Association meetings may be the norm.

Condos and HOA's

Residents who refuse to follow the rules

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Just about every planned community in Southwest Florida has governing documents recorded in the public records of the County containing various regulations as well as unrecorded “house rules” that the residents are supposed to follow in order to maintain a community of congenial, financially responsible residents with the objectives of protecting the value of the homes and units, inhibiting transiency, and facilitating the development of a stable, quiet community and peace of mind for all residents.

For some communities however, there are residents who believe for some reason that the rules and regulations do not apply to them.  Some people who are used to living in a home in an unincorporated neighborhood up North are used to doing pretty much whatever they want in their house and on their lot. Such behavior does not transition well to living in gated communities and condominiums in Southwest Florida.

Usually, when this type person fails to follow the rules, such as failing to clean their roof, failing to leash their dog, failing to cut their grass, failing to apply for and register tenants and guests, failing to follow the traffic signs, failing to clean up after themselves on the common areas or, instead of failing to do something, the person decides to break the rules by parking the wrong type vehicle on the property, painting their house the wrong color, bringing pets to no pet buildings, playing loud music or having loud parties at late hours, going to the pool after dark when it is closed or just being obnoxious to fellow residents, the manager or board may call them or send them an e-mail or a letter and kindly ask that they knock it off and start following the rules.

We find that although these “kind” reminders work sometime in obtaining compliance, many times, the violators don’t respect such requests and decided to continue to act like outliers.

This is usually when legal counsel comes in as the board and management are at wits end and need some help in encourage compliance.  We will usually send a last chance “cease and desist” letter to the violating resident and the owner of the property and let them know if their rules and regulations violations do not stop, the Association will bring legal action against them.

The legal action could commence with Arbitration in Condominiums or Pre-Suit Mediation in Homeowners’ Associations or direct legal action in Court depending upon the type violation.

We will let the violator and unit or home owner know that if such legal action becomes necessary, they will be responsible for the Association’s prevailing party attorney’s fees in addition to their own.  Such a letter works much better than a $100 fine as the violator and owner could now be looking at being responsible for thousands of dollars of legal fees if litigation becomes necessary.  At this point, when they see they will probably be responsible for large dollar amounts, most remaining violators will then get in line and comply with the rules.

However, for the few that still don’t see the light and continue to cause trouble, litigation will ensue where damages and injunctions are sought.  If the court issues an injunction telling the violator to start following the rules and the violator still does not comply with the court order, the Judge may well then fine the violator for contempt of court. If violations continue after that, then the Judge may throw the person in jail.

For these difficult people, it is kind of like giving someone an Indian Sunburn.  You have to keep squeezing their arm until they cry uncle.  It can be very costly both in money and time for those who refuse to cry uncle in short order.

 It is a shame that there are such persons living in your communities who refuse to follow societal norms.  Regretfully though, as long as they continue to cause trouble, Associations must use their monies and time as a cost of doing business in covenant enforcement in furtherance of their fiduciary duty to protect all the other good residents in the community.

Condominium Associations

Most associations should have 5 directors

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We see a few Condominium or Homeowners’ Associations with only three directors serving a one year term and some larger Associations with seven or nine directors.

There is a benefit to larger Master Homeowners’ Associations, with many neighborhoods and condominiums, to have many directors so that each of the various sub-communities have a representative on the master board.

However, for the vast majority of Associations five directors is the best number because you can obtain a quorum of the board and have a board meeting if only three directors show up.

Some smaller Associations say it is difficult to get more than three directors because of apathy in the community. However, having only three directors can be a major problem because a quorum is then only two directors. Then, if two directors meet at the pool, in the social room, in each other’s units, or on the telephone and discuss Association business, such acts could be considered to be an illegal board meeting. Under the Florida Sunshine Laws contained in the Florida Statutes, when a quorum of the board meets and discuss Association business (in this case two directors), the meeting is considered an official board meeting and must be noticed at least 48 hours before the meeting and the meeting must be open to all the members. This of course could be a real problem when the two directors believe they are just getting together socially, to play golf, or just to talk on the phone.

To avoid such a Sunshine Law problem, having five directors is much better because it then takes three directors to get together discussing Association business to have a quorum and therefore a board meeting.

Next is the issue of having one year terms of director verses two year staggered terms. With a five member staggered board, three directors will be elected one year to serve two year terms and two directors will be elected the following year to serve two years terms then and so on and so on.

The beauty of staggered terms is that you will get a continuation of service and directors with knowledge of Association business staying on the board each year which allows for a much smoother operation of your Association year to year and the new board not having to reinvent the wheel every year.

If your Association does not already have five (5) directors with two year staggered terms and you want to move to this set up, you will probably have to amend your Association’s Bylaws to provide for such.

Some of you may be aware that a new law was passed last year imposing eight year term limits on Condominium Association directors. There were differing opinions as to whether the eight years included years served before the law become effective 7/1/19 or only years served by directors elected after 7/1/19.

The division of condominiums in Tallahassee finally have said that they see the law, as do most Condominium attorneys, is that it provides that the eight years term limit does not start until a director is elected, or starts to serve, after 7/1/19 no matter how many years the director may have served before 7/1/19. It is difficult for many Associations to find good members willing to serve on their Association’s board. Therefore, hopefully the Legislature will be wise and repeal this eight year limitation before 2026 when some good directors may start reaching their eight years max.

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Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development and concentrates his practice representing condominium, cooperative and homeowners associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.
Homeowners Associations

Keeping drones from being a nuisance in your community

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We keep hearing that delivery companies will soon be delivering packages to our doorsteps by drones. Developers and realtors are using drone footage as marketing tools. Hobbyist and kids are flying them around in their spare time.

How should your Condominium or Homeowners’ Association handle the growing number of drone use from becoming a nuisance in your community?

While some board of directors just say they want to ban drones in their community, this is easier said than done as flying vehicles (such as airplanes or helicopters) have the right to fly over your community’s airspace and there are a lot of benefits to having as described above to having drones around.

So, rather than trying to prohibit drones, we suggest that community associations have their owners approve amendments to their governing documents to allow them as long as they are flown legally and do not unreasonably disturb the residents.

As for flying legally, drones can be defined as powered, unmanned, aerial vehicles that use aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, and designed to be recoverable. The drones need to 1) be registered with the FAA, to the extent required, 2) be operated by an individual duly licensed by the FAA, to the extent required and 3) be flown and utilized only in accordance with the FAA and other applicable governmental requirements.

As for not disturbing the residents, the drones need to 1) be flown within the community in a manner not to interfere with an owner’s reasonable expectation of privacy, 2) not utilized in any fashion to spy or otherwise peer or take pictures into the residence of another owner’s property, 3) not utilized to harass any person with respect to private property or to the Association’s common property and 4) not utilized in a manner to cause injury to person or property.

It is good to add language to the amendments that make the operator of a drone liable and solely responsible for any injury to person or property which results from the use of such drone. If the operator fails to comply with the new amendments, the person shall constitute a nuisance and violation of the regulations.

To protect the association, the new regulations should provide that the association is not a guarantor or protector of an individual’s right to privacy with respect to any drones that are flown in the community and that the association will only undertake actions under the regulations if the association representatives have direct knowledge and evidence of a violation or following receipt of a written claim from an offended resident and subsequent inspection by the association and determination of a violation.

New technology develops much quicker than the legal rules and regulations that come slowly after once an issue arises, privacy is invaded, property is damaged or persons get hurt by it. That is why it is prudent to get ahead of the curve so your residents who use or are affected by the new technology will clearly understand what their legal rights and obligations are in relation to the new technology. Adopting such drone rules and regulations should help keep the peace in your building or neighborhood.

Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development and concentrates his practice representing condominium, cooperative and homeowners associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.
Condominium Associations

New directors must sign the form or go to class

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Last month we talked about what owners must do to run for the board in a Condominium or Homeowners” Association. This month we will discuss what document a newly elected or appointed director in a Condominium Association, Cooperative Association, or Homeowners’ Association must sign to be in compliance with State Law requirements.

Florida law says that new directors must either sign a new director certification form or attend an educational class and obtain a certification of completion form.

Section 718.112(2)(d)3.b., Florida Statutes provides that: “Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved condominium education provider within 1 year before or 90 days after the date of election or appointment. The written certification or educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. A director of an association of a residential condominium who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election or the duration of the director’s uninterrupted tenure, whichever is longer. Failure to have such written certification or educational certificate on file does not affect the validity of any board action.”

Similar language is provided in Chapter 720, Florida Statutes for Homeowners’ Associations and Chapter 719, Florida Statutes for Cooperative Associations.

Even though the new director certification forms says that the director has read “all” of the association’s governing documents (most directors never have read all of their governing documents and never will- nor has their Attorney), there is no penalty under the Statutes for signing the document and not actually reading the governing documents.

Similarly, for the few directors who chose to go to a class, there is no requirement to pay attention or take or pass any test. As long as the warm body director shows up, he or she will get a certificate of completion.

As long as one of the two forms (new director certification form or certification of completion of educational class) is turned into the Association within 90 days of the election or appointment to the board, the director qualifies to be on the board.

So that the qualification requirement for directors does not become an issue at your condominium, cooperative or homeowners’ association, all of your directors should sign a director certification form at your organizational board meeting following your annual meeting this season. You can get such a form from your Association attorney if your manager does not already have one. The association Secretary should then keep the signed forms along with the other Association records.

It is very interesting that the State of Florida makes unpaid volunteers willing to serve on their association’s board go through this mindless routine of signing these forms and filing them with the association’s records.

Even if a new director forgets to sign a form and is therefore “suspended” from the board, the suspension can be lifted in just a few minutes by giving the director the form and then putting it in the file. So this “sign da papers” law is really a form over substance needless imposition on volunteers care of the State.

Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development and concentrates his practice representing condominium, cooperative and homeowners associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.
Condos and HOA's

Be prepared for annual election of board members

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The first quarter of the new calendar year, also known as “season” is coming up and this is the time that most condominium and homeowners’ associations have their annual meetings and annual election of directors because the most residents are in town.

If you live in a condominium, at least 60 days before the annual meeting/scheduled election, the association must mail a first notice of the date of the election and a unit owner or other eligible person desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association at least 40 days before the scheduled election. The candidate can also provide a candidate information sheet (resume) within 35 days before the scheduled election.

It is very important that a candidate makes sure that the association receives the notice of intent to be a candidate on or before the 40 day deadline. If the candidate misses the 40 day deadline, even by one day, the candidate cannot be on the ballot nor automatically be on the board if less intents are received than there are open seats for election.

If there are more intents to be a candidate received than there are director seats coming open for election, then there will be a ballot and election at the annual meeting. The ballot has to be sent to all owners, along with a second notice of annual meeting at least 14 days before the annual meeting/election.

If there are less intents to be a candidate received than there are director seats coming open for election, then the candidates who got their intents to the association before the 40 day deadline will automatically be on the new board.

For homeowners’ associations there is no requirement for first and second notices of annual meetings. The election of directors, if one is required must be held at, or in conjunction with the annual meeting or as provided in the governing documents. The notice of annual meeting must also be sent to all members at least 14 days before the meeting. The election must be conducted in accordance with the procedures set forth in the governing documents of the Association and all qualifying members of the association are eligible to serve on the board and a member may nominate himself or herself as a candidate for the board at the annual meeting.

However, if the election process of the homeowners’ association allows candidates to be nominated in advance, then the association is not required to allow nominations at the annual meeting. For this reason, many homeowners’ associations will adopt election process rules that will mirror the process used in condominium associations (60 day 1st notice, 40 day intent to run deadline, 35 day information sheet deadline and 14 day 2nd notice), so that candidates must put in their notice of intent to be a candidate at least 40 days before the annual meeting/election. Once the homeowners’ association has adopted such election process rules, there will no longer be any surprise nominations for directors from the floor at the annual meeting.

It is instructive to know who is qualified to be a candidate for the board. For most condominium and homeowners’ associations, the bylaws provide that a candidate must be a member of the association. However, some bylaws do not require directors to be members so they could have a non-owner Manager, CPA, Attorney or Engineer, tenant or golfing partner be a director.

A candidate must be eligible to be a candidate to serve on the board of directors at the time of the deadline for submitting a notice of intent to run in order to have his or her name listed as a proper candidate on the ballot or to serve on the board. A person who has been suspended or removed from the board by the division of condominiums or who is delinquent in the payment of any monetary obligation due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot. A person who has been convicted of any felony is not eligible for board membership until such felon’s civil rights have been restored for at least 5 years of the date such person seeks election to the board.

Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development and concentrates his practice representing condominium, cooperative and homeowners associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.
Condominium Associations

How to prevent bad actors from slipping into your community under radar

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So you have pretty good up to date governing documents. You require all prospective owners and tenants to apply for your Association’s approval before they can occupy a home or condominium unit. You limit the number and duration of leases allowed per year; maybe no more than three (3) times for year for no less than thirty (30) days. You also limit the number of guest visits and the duration of visits of an owner’s or tenant’s in the absence of the owner or tenant; maybe no more than thirty (30) days per year for immediately family members with total number of such visits limited to four (4) times per year and for extended family or other guests maybe no more than fourteen (14) days per year with a total number of such visits limited to two (2) times per year.

With such superior documents you limit bad actor guests to be on property for only a short period and any bad actor prospective purchasers or tenants will be denied approval once their background check is run revealing their checkered past that will provide grounds for occupancy disapproval.

However, there is one loophole in these better documents that we have seen lately being abused that you can now close by amending governing documents. That loophole is the spouse, significant other, family member or friend who moves in with the owner or tenant after the owner or tenant has been background approved. These people with criminal or financial background issues know they probably will not be approved if they are background checked so the prospective owner or tenant will not list them on the approval application. The convicted criminal will just wait a few weeks after the new owner or tenant moved in and then move in quietly at night or over the weekend.

Bingo, you now have a registered sex offender or convicted felon living in your community long-term. Once they are in, it can then be very difficult to get them removed from the community as long as there is no evidence they are breaking the community’s rules or regulations.

We have found the best way to handle this situation is to amend your Declaration of Condominium or Declaration of Covenants to say that: “once a guest, whether related or unrelated to the owner or primary occupant, who may occupy the unit together with the unit owner or tenant for a period of more than thirty (30) days in any twelve (12) month period, such guest must apply for and obtain Association approval in the same manner as a prospective owner or tenant is required to obtain Association approval pursuant to the transfer approval provisions. If the guest does not obtain Association approval within the requisite time periods, the guest must then vacate the unit”

If they are then disapproved after their background check reveals grounds to deny, you should then be able to get a court order to require them to leave your community if they fail to do so.

Believe it or not there are quite a few convicted sex offenders and predators living throughout Southwest Florida. You can check the Florida Department of Law Enforcement website which show by maps where some of these people are currently living: https://offender.fdle.state.fl.us/offender/sops/neighborhoodSearch.jsf

Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development and concentrates his practice representing condominium, cooperative and homeowners associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.