Live in a home governed by a condominium, co-op or homeowner’s association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers.
Question: About a year ago, I asked if an owner who virtually attended a condominium board meeting was permitted to speak and/or ask a question. Your reply was that there was no law pertaining to that situation. Now, with a lot of new laws in Chapter 718, has there been any change in the law where an owner must be allowed to speak? Signed, N.S.
Dear N.S.,
Good question, and yes, the law has changed. Previously, the Condominium Act expressly allowed board members to remotely participate in board meetings, but it didn’t really deal with remote owner participation, at all. My opinion was that, so long as there was a physical location where owners could attend and participate, allowing owners to also join the board on zoom was nothing more than a courtesy; and so, I did not think there was any obligation to allow them to speak over Zoom.
In my mind, this was no different than broadcasting a meeting over a closed-circuit TV system. Owners can watch the meeting from their units, but that’s doesn’t mean you are obligated to allow them to phone the meeting so they can comment.
But the law was changed this year to add express rules relating to virtual meetings, and under the new rules, a board may conduct a meeting by video conference, but there must also be a physical location, the notice must include a hyperlink to the meeting and a way for owners to call in by phone as well, and the meeting must be recorded and kept as an official record.
What’s unusual though is that, in a separate section of the statute, it still reads that “board or committee member’s participation in a meeting via telephone, real-time videoconferencing, or similar real-time electronic or video communication counts toward a quorum.” Does this mean that you can set up a Zoom for board members to participate in the meeting but not actually hold the meeting via Zoom — that is, have an in person meeting with only one or more board members participating over Zoom; and in this way not have to comply with the new rules for Zoom meetings? I’m not sure why not, as I can’t see what’s different about this situation than having board members call in by phone (other than being able to see them). It’s another example of a statutory “fix” that raises a lot of new questions and keeps lawyers busy.
Question: I live in a home governed by a homeowner’s association. I recently looked at the plat survey of my property and it seems to indicate that my property line does not extend to the end of my lawn which reaches the sidewalk. Between my property line and the sidewalk there was an oak tree planted by the developer. This tree, now 38 years old, has grown huge roots that have grown above the lawn within my property line, broken through water pipes and impacted growth in my flower beds. I am familiar with the laws when a neighbor’s tree damages your property that you are responsible unless they are negligent.
An arborist has told me that if the trees are not trimmed closely, the roots will usually extend as far out as a tree limb. Over the years the association has included in our assessment the cost of light trimming just before hurricane season. Therefore, these trees are immense, and roots can extend 10-15 feet into my property. Is there any way I can force them to cut down the tree or pay for damages to my property? Signed, S.S.
Dear S.S.,
I think you have a tough argument. As you correctly state, the association is not generally responsible for the branches or roots that extend onto your property. You are personally allowed to cut them; and I think that includes roots as well, though extensively trimming the roots on only your side of the property line is likely to destabilize the tree (which frankly is a risk with any extensive root pruning).
You would need to somehow argue that the association was negligent to allow this tree to grow without greatly trimming the canopy in order to keep the roots compact. I’m not an arborist but I’ve never seen anyone trim an oak that way — at some point it would almost approach hat-racking. Oak trees have naturally large canopies.
Many communities have these large oaks lining their streets, and the canopies can look quite beautiful when they touch and create that ideal, idyllic tree tunnel. But there’s no question they cause lots of damage to sidewalks and driveways — but typically, repairing that damage from time to time is just a necessary evil.
Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of “New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.” Email your questions to condocolumn@gmail.com. Please be sure to include your location.
This article originally appeared on Palm Beach Post: What does new Florida law say about condo boards streaming meetings?
Reporting by Ryan Poliakoff, Special to the Palm Beach Post / Palm Beach Post
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