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In Florida Condo And Homeowner Association, Real Estate, And Business Law

What Can Be Done to Stop Illegal Association Meetings?

On Behalf of | May 2, 2018 | Condo / HOA, Firm News |


Q. When there is a meeting of board members consisting of a voting majority, a quorum, to discuss any type of association business other than private legal or employment issues, does the law require the notification of such a meeting along with a detailed agenda to the members of the association? If so, how can an association member prevent the board from having illegal meetings and discussing association business via email?

A. We receive a lot of questions about board meetings and the various ways that the law may be broken with respect to notice of the meetings and business conducted by e-mail. Thus, it may be helpful for our readers to have a plain English summary of the law in this area. First, an “official” meeting of the association’s board occurs any time a quorum of board members gather to conduct association business. This can be done at the clubhouse, at a private residence, on the golf course, or by email. The bylaws will define a quorum, but it is typically a majority of the directors on the board. Notice of all officials meetings of the board should be posted in a common area at least 48 hours in advance of the meeting, and this includes meetings of committees that carry out a portion of the board’s duties. Meetings that involve the approval of a special assessment or changes in the community rules require at least 14 days’ notice to each member of the association. The meeting notice must contain an agenda, which must not be detailed, but should identify the items to be considered at the meeting. This notice requirement for meetings is often referred to as the “sunshine law” for Florida’s condo and homeowners associations. Members can also tape record or videotape these meetings and address the board on all agenda items. These requirements ensure that the business of the association will be done for the benefit of the members and not behind “closed doors”.