Look to your condominium documents for this answer. Each condominium is different. Your condominium documents outline what powers the Board has and what issues require unit owner vote. If your condominium documents do not say unit owner vote is needed to pass a special assessment, the Board has the ability to pass special assessments. Normally condominium documents give the Board power to pass special assessments, although we have seen instances where the unit owners get to vote on the assessments as well. The Board must also follow all legal requirements in doing so.
Can the Board pass a budget even if unit owners do not agree and do I still have to pay?
Unless the required number of unit owners under Florida Statutes petition the Board with an alternate budget, the Board can pass the budget as they see fit.
If your condominium documents allow them to do so yes.
Unless there is an emergency, Board members and/or management should not enter or attempt to enter a unit without first notifying the unit owner.
Can the Board require me to provide them with a passkey?
Under Florida Law, a unit owner must provide reasonable access to a unit. It does not require a passkey. If you condominium documents state that each unit owner shall provide a passkey, then you should, regardless of reason for denial. There are several cases in which the Board had the right to demand a pass key and the owners' refusal was not held as valid (even when an owner claimed government secrets were stored upon the property unsecured).
Can the Board conduct Association business at secret meetings without notifying unit owners?
No. All meetings (unless there is an emergency) must be noticed at least 48 hours in advance. Special meetings such as elections and budget require even more advanced notice.
Can the Board contract with a Manager without unit owners voting?
Yes.
Can the Board prevent a unit owner who is past due on maintenance from using the common elements or Association provided cable service?
As of July 1st, 2010, yes.
Can the Board prevent a unit owner from renting their unit if they are past due on maintenance?
Yes. However, if a Board really wants the maintenance, it would probably be easier if the unit were rented. So they should probably try and work out a payment plan with the owner.
Can the Board deny security access devices to owners who are behind on maintenance?
As of July 1st, 2010, the Board may deny security devices to certain areas of the common elements. Some areas are exempt such as gates, and passages to the units.
Can the Board decide on their own not to fund reserves?
No, every year the Board proposes not to fully fund reserves, they must allow all unit owners to vote on the matter. Waiving of the reserves or partial funding of reserves must have majority of unit owner vote in person or by proxy. General proxies may not be used for reserve funding voting. A special limited proxy, which indicates specifically how a person would like to vote on the issue, and containing special statements must be utilized.
