Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables, Boca Raton and Pensacola, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
Q: I live on a golf course and my home is constantly pelted by golf balls. When I approached the homeowners association to try and prevent this potential danger, the association told me there is nothing they can do. How can I convince them to take action?
A: In most communities bordering a golf course, there is language in the covenants that includes disclaimers notifying owners that the home is adjacent to a golf course and golf balls may enter the property. These documents also typically provide an easement on to your lot so that golfers can come into your yard and look for those errant golf balls. If the house is located roughly 220 to 250 yards from the tee box, the Association would likely also respond that you had to expect this to happen when buying a home on a golf course.
Another aspect to this problem is whether your association also governs the golf course. In many communities, the homeowners association governing the homes in the community is not the same corporation that oversees the golf membership and operation. If this is the case, then the association has no jurisdiction over the golfers or the golf club in general.
Ultimately, this issue is dependent on the language in the specific covenants governing your community and the golf course. In order to determine whether you have any recourse against the association or the golf club, I would recommend you engage a licensed Florida attorney to review the applicable covenants.
HOA Q&A: Can our Association legally implement restrictions on renting units, houses?
HOA Q&A: What happens if there aren’t enough members willing to serve on the board?
Q: I’m on the Board of my condominium that is a fairly small and intimate community, for the most part. Several of my fellow board members are friends and we socialize together regularly. We have one owner who claims this is illegal and is threatening to report us for violating the law regarding quorums. What should we do?
A: First, be happy that you serve on a board where the members get along! Second, just be sure you do not discuss association business no matter how tempting it might be towards the end of happy hour. There is no prohibition on board members socializing, but if a quorum is present and Association business is discussed, that immediately becomes an illegal board meeting. Avoid that one prohibition and enjoy your time with your friends and neighbors.
John Trebilcock, Esq., is a Partner of the Law Firm Goede, DeBoest & Cross. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.