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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117358
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am wondering 2 things with regard to condo association

Customer Question

I am wondering 2 things with regard to condo association funds in FLORIDA.
1. What is the amount of money a condo board can use for association related expenses, without holding a meeting or getting a majority?
2. Can a condo board of an association, IN FLORIDA, use funds for political advancements or statements outside of the associations boundaries? i.e. DONATING 5,000 DOLLARS TO A POLITICAL PACT TO FIGHT AND CAMPAIGN AGAINST A VOTE NOT TO BURY OUR POWER LINES?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The FL HOA and COA Statutes do not set a cap on what an HOA or COA can spend without a vote of the members. This is something that has to be controlled and regulated by the bylaws of the associations. Most associations do not set a cap and the board is allowed to spend money as necessary to manage the association.
FS 718.103(9), Condominium Act, defines “common expenses” as all expenses properly incurred by a condominium association in the performance of its duties. Common expenses are further delineated in Section 718.115 of the Act (see:
Political donations are not common expenses typically. Donations to obtain legislation or to campaign/lobby for legislation that benefits the entire association could be deemed to be a common expense in that the legislation would benefit the entire association, but again this is arguable as to whether the support of a lobbying effort to get legislation is a benefit of the association.
Generally, unless the bylaws prohibit expenditures the board has the right to make them in the interest of the common good of the association. However, if your bylaws do not contain caps on expenditures without a vote or do not contain a prohibition on lobbying for legislation or against legislation, the members can propose a bylaw change and vote to amend the bylaws to insert such restrictions for the future.

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