Annual meeting time is fast approaching

It is almost time for annual meetings and elections again.

First notice – 60 days before the annual meeting

The first notice must be mailed or hand delivered not less than 60 days before a scheduled election/annual meeting. The notice should include the date, time and location of the meeting. A blank notice of intent form should be included for those interested in running for the Board to send back to the Association.

Notices of Intent due – 40 days before the annual meeting

A unit owner or other eligible person desiring to be a candidate for the Board must give written notice to the association not less than 40 days before a scheduled election. Such written notice is effective when received by the association. It is up to the unit owner to ensure that the notice of intent is received on time. The Board may not extend the deadline for submitting a notice of intent.

Candidate Information Sheet Due – 35 days before the annual meeting

Not less than 35 days before the annual meeting, candidates may provide a candidate information sheet which is limited to one side of an 8 1/2 x 11 sheet of paper to describe the candidate's background, education, and qualifications as well as other factors deemed relevant by the candidate. The Association may not edit, alter, or otherwise modify the content of the information sheet. The original copy provided by the candidate must be placed in the official records of the association.

The Second Notice of the Annual Meeting – never less than 14 days before the meeting but check your bylaws for exact mailing time

The second notice of the annual meeting must be sent, according to the requirements of your Bylaws, but never less than 14 days prior to the meeting nor more than 34 days prior to the meeting. The second notice should include a proxy, for quorum purposes and for voting on non-election issues. A ballot should be included for the election if there are more eligible candidates who submitted notices of intent than there are avaialble seats on the Board. If there are the same number of notices of intent as avialable Board positions no election is held. If there are less notices of intent than available Board positions, no election is held.

Assuming an election is necessary, accompanying the ballot shall be an outer envelope addressed to the person or entity authorized to receive the ballots and a smaller inner envelope in which the ballot shall be placed. The exterior of the outer envelope must indicate the name of the voter, and the unit or unit numbers being voted, and shall contain a signature space for the voter. I recommend obtaining pre-printed outer envelopes with one line for "printed name", one line for "unit number" and one line for "signature". The return address should also be pre-printed on the outer envelope.

Start early with the preparation of your notice packages so that you do not miss any of these deadlines. Your bylaws will usually inform you as to the month your annual meeting must be held.

Mark D. Friedman is a senior attorney at the law firm of Becker & Poliakoff, P.A.
You may contact Mr. Friedman at CondoLaw@becker-poliakoff.com

Abandoned Units Becoming a Nuisance?

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Abandoned Unit Becoming a Nuisance?

Restoring Power to Mitigate Further Harm

By Mark D. Friedman, Esq.

Foreclosures are at an unprecedented level in Florida resulting in many units standing vacant for extended periods, often without electricity to run the air conditioner. In Florida’s generally hot and humid climate, a closed unit without air circulation may lead to the proliferation of mold. Condominium Association Boards often ask if they may restore the power to the unit.


It would be the rare set of condominium documents which specifically addresses this issue. However, in a condominium setting, Section 718.111(5), Florida Statutes, permits the Association the irrevocable right of access to a unit for “maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.”


If mold proliferates in a unit damage could result not only to that unit, but to adjoining units and the common elements. The statutory right of entry does not specifically deal with restoring electricity to keep the air circulating. However, it allows the association the ability to enter a unit and take the actions necessary to prevent damage to the condominium property. As one of the simplest ways to prevent mold is to remove the moisture from the air by restoring electricity and running the air conditioner the condominium association board may arguably take this step.


The problem has been the restoration of power. Becker & Poliakoff has worked with Florida Power and Light to determine a standard operating procedure for such restoration of power. The basic steps are: 1) setting up a master account in the Association’s name; 2) when the power is disconnected the Association must contact Florida Power and Light to restore the power in the Association’s name using the funds in the master account; and 3) contact FP&L to expedite the restoration of power. Your community association attorney can assist you with contact numbers and further details to ensure the most current information.


Please note that the foregoing is only for Florida Power and Light customers and may not apply to customers of other power companies throughout the State of Florida.


We are often asked whether the Association can recover the cost of restoring power to the unit. It is unlikely that these costs can be recovered from the foreclosed unit owner, especially if the property is worth less than the amount of the first mortgage on the unit. There is a possibility (not a guarantee) of recovering these costs if the bank or other third party has received Certificate of Title to the unit and refuses to turn on the power. This is something that must be evaluated on a case-by-case basis with your community association attorney. However, the Board has a fiduciary duty to the remaining unit owners and it is less expensive to pay a small electric bill to keep the air circulating and protect the condominium property than it is to pay thousands of dollars to remediate a unit once it turns black with mold and threatens the rest of the property.


Mark D. Friedman, Esq. is a senior attorney at the law firm of Becker & Poliakoff, P.A. This article originally appeared in the Firm’s Community Update magazine. Mr. Friedman may be contacted at CondoLaw@becker-poliakoff.com.
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