Q. I live in a homeowners association and was recently elected to the board of directors. I was told that the new state law does not allow the association to initiate legal action without the approval of the owners.
Is this correct?
A. This is how law reads: “Before commencing litigation against any party in the name of the association involving amounts in controversy in excess of $100,000, the association must obtain the affirmative approval of a majority of the voting interests at a meeting of the membership at which a quorum has been attained.”
This law is part of Chapter 720.303, Florida Statutes.
Q. We are a small condominium in Broward County. Although we have only 22 units, we were dropped from our insurance carrier and have not been able to get coverage.
Does Florida law requires that we have insurance coverage?
A. Florida law states that an association should use its best efforts to obtain and maintain adequate insurance to protect the association, the association property and the common elements.
There may be condominium property that is stated in your association documents that is required to be insured.
The association also is required to obtain and maintain insurance or fidelity bonding for all the people who control or disburse funds of the association.
You should consult with your association attorney and insurance agent to determine your responsibilities under the law.
Q. Many of our unit owners at our condo believe our management company is overpaid and does not perform all of the services it should. We asked the association for a copy of the management agreement.
We also would like to see what we are paying this company, since we cannot get a straight answer from our board. After requesting a copy of the management contract, we were told it was confidential.
Can you tell me the law on this matter?
A. Any contract between the association and the management company is considered part of the official records of the association.
If the association fails to provide you with the contract within 10 days after receipt of a written request, it is considered that the association willfully failed to comply with the law. You may be entitled to money damages if the association fails to comply.
Mark Bogen is a lawyer based in Boca Raton. The volume of mail doesn’t allow him to answer questions individually. He addresses the most requested issues in this column, which runs every Sunday in Community News. You can reach him via e-mail at or fax at 561-272-3189. Letters should be addressed to Mark Bogen, c/o South Florida Sun-Sentinel, 333 SW 12th Ave., Deerfield Beach FL 33442. See this and previous columns at
