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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Condo/HOA Meeting Agendas & Notice Requirements

Posted in Operations

The statutes governing community associations require notice of meetings to encourage owner participation. HOAleader recently published an article on this subject: HOA Meetings: Does Your State Have Rules for Your Meeting Agendas? Here are some handy reminders – there are additional options in the statutes. This list is not intended to be all inclusive.

TYPE OF MEETING Condo/Co-op HOA
Board meeting 48 hours posted (or pursuant to documents) with agenda 48 hours posted (or pursuant to documents)
Budget meeting 14 days mailed (along with a copy of the proposed budget) and posted, unless documents require a longer time period Pursuant to documents
Annual meeting  60 days for first notice; 14 days for second notice, mailed, delivered or electronically transmitted 14 days mailed, delivered or electronically transmitted (unless documents require more notice)
Board meeting to levy a special assessment 14 days mailed and posted– condos must also include the purpose & estimated amount of special assessment in the meeting notice (14 days applies to meetings to establish the insurance deductible as well) 14 days mailed and posted
Board meeting to adopt rules regarding unit or parcel use 14 days mailed (along with a copy of the proposed rule) and posted 14 days mailed (along with a copy of the proposed rule) and posted
Member meeting Pursuant to By-Laws (usually at least 14 days mailed, delivered or electronically transmitted) 14 days mailed, delivered or electronically transmitted (unless documents require more notice)
Committee meeting Committees that take final action on behalf of the board or make recommendations to the board regarding the association budget must notice their meetings 48 hours in advance, and the meetings must be open to the unit owners Must be posted 48 hours in advance when a final decision will be made regarding the expenditure of association funds and to meetings of any committee vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community
Committees that DO NOT take final action on behalf of the board or make recommendations to the board regarding the association budget must notice their meetings 48 hours in advance, and the meetings must be open to the unit owners, UNLESS the By-Laws provide otherwise
Meetings with the Association attorney Must be noticed 48 hours in advance, but are not open to unit owners when the meeting is held for the purpose of seeking or rendering legal advice Must be noticed 48 hours in advance (or pursuant to documents), but are not open to owners when the meeting relates to proposed or pending litigation or personnel matters.

 

  • michael h gilberg

    When there is a meeting with the HOA’s attorney, must minutes be prepared and available to members; if so, what if anything, should the minutes reflect. i.e. the date and time of the meeting, the names of those present (to show a quarum), the motion to go into executive session. the motion to adjourn, or can the minutes be entirely omitted?
    Thanks.
    MHG
    RESPONSE: If minutes are prepared, they will not include any detail or substance of any discussion. They certainly will not include any of the advice given at the meeting. Please contact the Division for its opinion relative to production of minutes.

  • Scott

    If an owner knows that a management company is not posting the notices within the required period, how is possible to prove it and get a meeting deemed illegal?
    RESPONSE: The owner should alert the board of directors. If the property is a condominium or cooperative, an owner may seek the assistance of the Ombudsman’s office or the DBPR.

  • Steven Benardo

    “Days” is defined as calendar days or business days???????????? Thank You
    RESPONSE: Meeting notice requirements are generally stated as calendar days. However, there are certain portions of the statute that specifically refer to “business” days.

  • Lee Gouny

    While members are excluded from an Executive session/meeting are minutes taken at the meeting with the Attorney and if so are they available to the Association?
    RESPONSE: If minutes are prepared, they would not include any detail from the meeting. They certainly would not include any of the substance of the discussion or advice given by counsel.

  • Carolyn Powers

    When the board meets without posting notice, what is our remedy?
    i.e. They posted new rules for use of the Clubhouse, but “never met to esrablish them”
    They currently only allow us when THEY open it & close it, which they will only do if they “approve” the function.
    They also want to charge homeowners for using it for events to which all residents were invited. They also want to charge renters to use it.

  • Ben

    yep-it’s me again. Under Special Assessments (condo) you referenced meetings to establish insurance deductibles. I thought Ch. 1196 eliminated the need for a notice to state the proposed deductible and the available funds. 718.111(11)
    RESPONSE: The 14 day advance notice is applicable to board meetings to establish the deductible.

  • Lee Gouny

    Does this same posting schedule and regulations apply to a POA?
    Thanks
    RESPONSE: The term “POA” usually (but not always) refers to an HOA as defined by statute. Your board/manager should be able to tell you whether the community is governed by Chapter 720, Florida Statutes.

  • Michael H Gilberg

    How specific must the posted agenda be? Does it suffice to merely state i.e. President’s Report, Committee Reports, Old Business, New Business, etc. without any specificity as to the individual matter(s) which will be before the Board and possibly voted on?

  • jeff

    Executive session?
    Where in the Florida statutes does it mention that condo boards can meet in Executive Session and exclude attendance by unit owners? Meeting with an attorney
    to discuss actual or pending litigation — OK. Anything else, NO. And even when it comes to litigation, why not
    take detailed Minutes and seal them until the litigation has been completed. Unit owners should know what attorneys
    said and what board members did — how else can both be held accountable — even if it is only after the fact?
    RESPONSE: The commenter indicated the meeting was with counsel as described in the chart. There are very important reasons to maintain the attorney-client privilege, even after the conclusion of a litigation matter.

  • JOYOUS BURKART

    Our manager’s contract is due for renewal.
    There are 6 BOD.
    3 are for renewal
    3 are not for renewal.
    Don’t you need a majority to renew?
    At 3 to 3…………does the contract just run out?
    At this point , there will be no renewal?
    Is a meeting necessary?
    The manager’s contract does not address this option.
    When should the manager be told the contract will not be renewed
    if , indeed, this is the case with a 3 to 3 decision?
    Kindest Regards.
    Joyous Burkart……………Bay Colony Club Condo Assoc.
    RESPONSE: Renewal depends on the terms of the contract.
    It usually takes an affirmative vote by the majority of directors participating at a meeting (where a quorum participates) to “pass” a motion or take an action. Governing documents typically provide for an odd-number of board members, for this very reason. I suggest filling the vacant seat on the board – if the board cannot do so as a result of a stalemate, discuss with counsel whether it is possible to hold a special election for this purpose.

  • Freddy S Graham

    A Committee Meeting used as a forum to Discuss a Board having spoken with the Associations Attorney regarding a Shareholder the Board wished to Censure,this Committee actually named the Shareholder in this meeting which is open to all shareholders should they wish to attend,”Question” was this Committee Member Violating this shareholders rights to “Privacy” since the incident in question was regarding a Board Member Stalking the Shareholder.
    I feel this was a Violation of this Shareholders Rights,and was totally inappropriate behaviour by this Board.

  • Roger Grenier

    In our condo by-laws 3.6 Qualification of Officers it says you can not be delinquent more than 30 days. The manager say’s state statute say’s 90 days supercede our by-Laws.
    Where can I find this article in state statute?
    Thanks
    RESPONSE: Section 718.112(2)(n), Florida Statutes says that the director or officer is presumed to have abandoned his or her position if they are more than 90 days past due. The remaining board members can then appoint someone to fill the vacancy.

  • Trouble in Paradise

    Our Board may have drafted/crafted an amendment to our HOA docs, allowing for the collection of any and all pre-litigation costs as they pertain to a unit owner’s failure to comply with violations, but the Board is steadfastly purporting that same was both drafted and sanctioned by our HOA attorneys. The amendment is quite vague and ambiguous on its face, and therefore, gives rise to the question of the true author(s). Thus, anyone having any vision or forward thinking capability could plainly see that this new enactment could potentially empower the board to selectively enforce whatever they so choose to enforce, thereby leaving the unit owners otherwise exposed to unnecessary costs, or worse. One member of the board is a solo practicing attorney, but has also demonstrated some pretty egregious behavior (which is rather unbecoming as a board member, save an officer of the court) to many of his surrounding neighbors, and had actually demonstrated his propensity for such hostility at a recent board meeting. Of course, intervention was necessary to diffuse his behavior and the resulting banter with a unit owner, but the same old song was sung…”take your personal issues outside”. Since unit owners are generally precluded from having direct contact with their association’s legal professionals, what would be the most effective means by which to confirm that our Association’s attorneys were indeed involved in this action? Interestingly, this very same quite reputable law firm who represents our Association also represents another local association in the northern end of the same county, and the lawyer assigned to that particular association has given conflicting advice on the very same kind of enforcement provisions, citing that it is against Florida law for a Board to impose or collect anything beyond unpaid HOA dues from a unit owner in the absence of a fining committee. Furthermore, it is important to note that neither of the two associations mentioned above currently have a fining committee. Your prompt response would be greatly appreciated.

  • KDNeill

    If a condo owner asks for copies of minutes from a recent meeting, but the meeing minutes have not yet been approved, should the Board release the draft, or should they wait until the net scheduled meeting at which time they will be included on the Agenda for approval?

  • KJS

    Annual meeting notice and candidate forms, letter states forms are only available on association web site? Does this not eliminate owners who do not have computers?
    What is the time frame for candidates notice of intent.
    Letter dated 9/20 announcing annual meeting date 11/20/2010. (60 days correct)
    Deadline candidate intent form 10/11. Giving owners 22 days from date of letter.
    Candidate info sheet deadline 10/16.
    Thank you.
    RESPONSE: For condos and coops, the notice of intent must be submitted at least 40 days prior to the election and the candidate information sheet must be submitted no less than 35 days prior to the election.

  • Danise

    Is Sunday considered a holiday? Is it against Florida statutes to hold a meeting on Sunday?

  • Kellerbaker

    I have purchased a condo that has a HOA president who runs a private rental company onsite ( yes conflict of interested ), and the things that are going on here are unbelievable, Ill just mention a few. Read on and you wont believe what he’s doing, not sure what my course of action, other than to sell is. HELP!
    issue 1.
    A)condo was purchase some years ago with a crosswalk to Private Beach access pathway.
    B)months later private beach access sign reads public
    C) I ask ask HOA Pres Why, he responded it wasn’t part of common property/grounds, so he had authority to change.
    D)I go to city and get copies of deeds and the private beach access is infact part of common ground.
    E)HOA president apologies changes sign back to private.
    F)months later work begins on road with crosswalk to Private BEach Access
    G)HOA pres has meeting with town officials to discuss changing Private Beach Access to Public
    H) HOA Pres Says City will remove crosswalk, and FDOT will move cross elsewhere if Private Beach Access is not made Public.
    I) I call FDOT, they are stunned. Project engineers and Project Managers Know nothing of this and no intention of removing walkway.
    J) I contact Mayor after a few email exchanges Mayor finally says he discussed matter with HOA Pres and the OPTION of making it Public. Mayor washes his hands
    K)HOA meeting held months later, HOA board votes on easement to make Private Access Public under premise that we will loose crosswalk and to allow Public access in lieu of safety.
    L) I contact FDOT they say they would never move crosswalk, project manager in 40 years has never seen a crosswalk removed.
    M) I have asked HOA Pres and HOA MAnager along with Property management the question, who is the one claiming we will loose walkway? almost 2 years NO answer since really they dont have. Im sure there is but no one wants to say.
    Issue 2.
    Mail at this complex for last 40 years has always been delivered to front office, which in the last 5 years has become the private onsite rental compnay. USPS calls it 1 drop stop.HOA president who runs this rental company, as i mentioned earlier. Has decided to selectively forward mail to some owners. Me not one of them. We do not have individual mailboxes , HOA doesnt want to spend $ on getting them. I spoke to USPS Inspection Services Department, they sent onsite rental office a letter, saying they are oblidged according to regulation POM615.2 Now I have no control of what happens to my mail in the hands of HOA and private onsite business owner..
    ANY Suggestions??????????
    RESPONSE: You can remind the board the new Florida statutes regulate whether HOA directors may perform services for the HOA. You need to seek legal advice to determine whether the existing practice actually constiututes a violation. As far as the mail is concerned, contact the Post Office and ask for its help. You may have the option of picking up your mail at the local Post Office.

  • Kellerbaker

    I have purchased a condo that has a HOA president who runs a private rental company onsite ( yes conflict of interested ), and the things that are going on here are unbelievable, Ill just mention a few. Read on and you wont believe what he’s doing, not sure what my course of action, other than to sell is. HELP!
    issue 1.
    A)condo was purchase some years ago with a crosswalk to Private Beach access pathway.
    B)months later private beach access sign reads public
    C) I ask ask HOA Pres Why, he responded it wasn’t part of common property/grounds, so he had authority to change.
    D)I go to city and get copies of deeds and the private beach access is infact part of common ground.
    E)HOA president apologies changes sign back to private.
    F)months later work begins on road with crosswalk to Private BEach Access
    G)HOA pres has meeting with town officials to discuss changing Private Beach Access to Public
    H) HOA Pres Says City will remove crosswalk, and FDOT will move cross elsewhere if Private Beach Access is not made Public.
    I) I call FDOT, they are stunned. Project engineers and Project Managers Know nothing of this and no intention of removing walkway.
    J) I contact Mayor after a few email exchanges Mayor finally says he discussed matter with HOA Pres and the OPTION of making it Public. Mayor washes his hands
    K)HOA meeting held months later, HOA board votes on easement to make Private Access Public under premise that we will loose crosswalk and to allow Public access in lieu of safety.
    L) I contact FDOT they say they would never move crosswalk, project manager in 40 years has never seen a crosswalk removed.
    M) I have asked HOA Pres and HOA MAnager along with Property management the question, who is the one claiming we will loose walkway? almost 2 years NO answer since really they dont have. Im sure there is but no one wants to say.
    Issue 2.
    Mail at this complex for last 40 years has always been delivered to front office, which in the last 5 years has become the private onsite rental compnay. USPS calls it 1 drop stop.HOA president who runs this rental company, as i mentioned earlier. Has decided to selectively forward mail to some owners. Me not one of them. We do not have individual mailboxes , HOA doesnt want to spend $ on getting them. I spoke to USPS Inspection Services Department, they sent onsite rental office a letter, saying they are oblidged according to regulation POM615.2 Now I have no control of what happens to my mail in the hands of HOA and private onsite business owner..
    Oh 1 more thing I have recived sease and disist notices from HOA attorney!
    ANY Suggestions??????????

  • Kellerbaker

    I have purchased a condo that has a HOA president who runs a private rental company onsite ( yes conflict of interested ), and the things that are going on here are unbelievable, Ill just mention a few. Read on and you wont believe what he’s doing, not sure what my course of action, other than to sell is. HELP!
    issue 1.
    A)condo was purchase some years ago with a crosswalk to Private Beach access pathway.
    B)months later private beach access sign reads public
    C) I ask ask HOA Pres Why, he responded it wasn’t part of common property/grounds, so he had authority to change.
    D)I go to city and get copies of deeds and the private beach access is infact part of common ground.
    E)HOA president apologies changes sign back to private.
    F)months later work begins on road with crosswalk to Private BEach Access
    G)HOA pres has meeting with town officials to discuss changing Private Beach Access to Public
    H) HOA Pres Says City will remove crosswalk, and FDOT will move cross elsewhere if Private Beach Access is not made Public.
    I) I call FDOT, they are stunned. Project engineers and Project Managers Know nothing of this and no intention of removing walkway.
    J) I contact Mayor after a few email exchanges Mayor finally says he discussed matter with HOA Pres and the OPTION of making it Public. Mayor washes his hands
    K)HOA meeting held months later, HOA board votes on easement to make Private Access Public under premise that we will loose crosswalk and to allow Public access in lieu of safety.
    L) I contact FDOT they say they would never move crosswalk, project manager in 40 years has never seen a crosswalk removed.
    M) I have asked HOA Pres and HOA MAnager along with Property management the question, who is the one claiming we will loose walkway? almost 2 years NO answer since really they dont have. Im sure there is but no one wants to say.
    Issue 2.
    Mail at this complex for last 40 years has always been delivered to front office, which in the last 5 years has become the private onsite rental compnay. USPS calls it 1 drop stop.HOA president who runs this rental company, as i mentioned earlier. Has decided to selectively forward mail to some owners. Me not one of them. We do not have individual mailboxes , HOA doesnt want to spend $ on getting them. I spoke to USPS Inspection Services Department, they sent onsite rental office a letter, saying they are oblidged according to regulation POM615.2 Now I have no control of what happens to my mail in the hands of HOA and private onsite business owner..
    Oh 1 more thing I have recived sease and disist notices from HOA attorney!
    ANY Suggestions??????????

  • Woodlands Tamarac

    Dear Lisa,
    Our community of over 800 homes called the Woodlands Homeowners Association does not post their HOA meetings. They also rotate the meetings each month from clubhouse to clubhouse so we really don’t know where it will be. Same with our newly formed “Safe Neighborhood District”. This group posts the meetings on our section clubhouses, however, there are many of our residents who live in sections that don’t even have a clubhouse.
    We have people that have asked the board for signs at the entrance. Our city will allow this if the signs are picked up promptly after the meetings but the do not do this as well. The post the meetings on their website, but many of the elderly people do not have computers. Also the website doesn’t show WHERE the meetings will be.
    Are they in violation of the Sunshine laws? How can we get them to change?

  • sd

    I am hunting: does anyone know where I can find a time frame for a Home Owners Board Election dispute. One resident wishes to challenge the last election which was 6 mos. ago.

  • Jeff

    Attorney-Client privilege
    Attorney make not discuss client litigation meetings. Can the client discuss with other unit owners the substance of the meetings.
    Thank you
    RESPONSE: The client has the option of breaching the security, but that must be decided by the board as a whole. Individual directors should NOT share attorney-client protected information.

  • Maria Coleman

    I find everything on this page very helpful what i am trying to find out is, I would like a copy of all board meetings notes. I have requested them several times and have not had a response except once they said i needed to pay for copies which I sent them a certified letter with the money never cashed check never got minutes on any of the meeting that I requested I am a condo owner. I can’t go to meetings I work all day and take care of handy cap brother when I get home. Is there a law that I am entitled to these.
    Thank you in advance
    maria
    RESPONSE: The laws governing community associations (condominiums, homeowners associations and cooperatives) all require the Association to maintain minutes of meetings for at least seven (7) years. An owner is entitled to inspect and copy the minutes, but must reimburse the association for photocopying costs. The arbitration process is available to address claimed violations of these statutes.

  • Stu gartside

    We recently had a board member resign. The board president appointed a committee of three board members to recommend a possible replacement to the total board for a vote. The committee has refused to notice meetings or hold open meetings. Their is nothing in the by-laws that allows private committee meetings. Doesn’t 718 detail this is not allowed? What can be done?
    RESPONSE: If the board objects to the committee conduct, it may remove the committee members and appoint new members.

  • HW

    Our annual meeting is coming up in 2 weeks. The Board did not send out the 14 day required notice along with agenda, budget and people running for the board. Can the Board have a legal meeting without this 14 day notice.
    RESPONSE: If this is a condominium you can address the claim of lack of notice with the Division. The HOA act provides a mechanism for arbitration of election disputes as well. HOA elections are conducted in accordance with the governing documents (bylaws usually). Advance balloting may not be required in an HOA. Balloting is not necessary at all in a condominium if the number of people submitting written intents is equal to or less than the number of spaces available.

  • BW

    Is it appropriate for a member to vote to approve/accept minutes for an HOA BOD meeting that they did not attend? 719 requires Directors to complete a form/notice of their intent to abstain prior to a meeting – usually for issues of serious conflict of interest, not for something like approving minutes.

  • HW

    I wrote you on 11/6 pertaining to our missed annual meeting. This is a condominium association. Since the meeting was missed on the date that the 60 day notice called for (date also specified in by-laws)does the association has to start over with the 60 day notice. Since we had no meeting what will happen to the vote to fully fund, partially fund or waive funding on our capital reserve. The board has set a meeting for January 2011, I would think that the vote for the funding would have had to be done at the 2010 meeting that was missed.
    RESPONSE: The members may vote to waive or partially waive reserves at a duly called meeting at which a quorum has been attained, it does not necessarily need to be the annual meeting.

  • Lars Nilsson

    We live in a 300 plus unit mixed use condo development. We have 309 residential units and 5 commercial units. Florida Condo Statutes states:(2) Subject to s. 718.301, where the number of residential units in the condominium equals or exceeds 50 percent of the total units operated by the association, owners of the residential units shall be entitled to vote for a majority of the seats on the board of administration.
    The commercial units each have 16 votes and the residential units have 1 vote each. This has caused our board to be 100% commercial or residential owners elected because they got the commercial votes. Had it not been for the commercial votes none of the current board members would be on the board.
    Long way to get to my question but: Shouldn’t the commercial units only vote for the 2 commercial board members and only be allowed to vote for those two (we have a 5 member board)? Likewise shouldn’t the residential owners vote for the remaining 3 seats? Your answer will be much appreciated.
    RESPONSE: This depends upon whether transition has taken place, the language of the governing documents and the date those documents were recorded.

  • SH

    Our new management company has informed me that there is no statute or by-law that requires owners to be able to participate in HOA Board meetings by conference call – only in person. So board members receive a toll-free telephone number and call-in code, but that information is not given to owners, only the location and time of the meeting. What is the Florida law regarding rights of owners to be able to call in to meetings? Management company says it is only by permission of the board. I was on a previous board and this was allowed without any problem.
    RESPONSE: The HOA law provides members the right to attend and participate in most board meetings. It does not address participation through use of electronic means.

  • Kim Hood

    Thank you for your helpful Blog. My HOA is being run by the developer. He is the President, His Wife is the Vice President and his son is the Treasurer. He is the only person on the board that owns any lots in the HOA.
    My question is. Is there any prevision in Florida Law that require the Board Members to be property owners?
    Thanks
    RESPONSE: No. Eligibility is determined by the governing documents and the developer is entitled to control the association for a certain period of time as well.

  • Kim Hood

    I have a guestion, The developer of our association is also the president of the board. He requires each lot owner to pay him an annual management fee. The fee has been approved by the board (which is made up of his family and employees) so the budget is approved each year for the payment
    Do this arrangement violate the new previsions of 720 in Florida?
    Thanks
    RESPONSE: Depends – this question requires an analysis of the specific facts. We need to check whether the contract is for management as defined by the statute, whether a license is required and if so, whether the appropriate licenses are in place, whether it is time for transition and various other factors.

  • Vaughn Greene

    We are an 11 unit condominium. Must we send a 60 day first notice of our Annual condominium meeting?
    Can we legally send an electronic notice this year, or must the change from the postal system be voted on, in order to be a legal notice?
    Our Condominium Bylaws are about 30 years old.
    Do current Florida condominium statutes and bylaws govern our procedures, or are votes necessary to amend our bylaws prior to proceeding with a new email notification of the Annual meeting?
    Does the formal notification need to be placed on our front gate at least 14 days prior to the Annual meeting … or 60 days prior? Thank you !
    RESPONSE: Section 718.112(2)(d), Florida Statutes allows an association of 10 or fewer units to vote for different election and voting procedures. Generally statutes relating to remedies or procedure will override conflicting governing documents. Condominium elections must be held in compliance with the statutes.

  • Charlotte Johnson

    Our HOA is quite small and just beginning to function. There is an ongoing discussion as to voting rights. Is there a statute that states only one vote per household or is each member of the household permitted to vote at HOA meetings? Dues are assessed per household. Please help as this is an area of ongoing conflict. Thank you

  • Marion Orlofsky

    At our yearly COA meeting, after counting votes on an issue, a member changed his vote. Is this allowed? Because there were still not sufficient votes to pass the motion, the meeting was recessed to pursue proxies from absent non-voting members, at which time the meeting will reconvene to tally the votes. Our management company tells us this is acceptable procedure. Is it?
    RESPONSE: The condominium act says that a proxy is revocable by the person issuing it originally. General corporate law allows corporations to recess and reconvene meetings and the process is described in Robert’s Rules of Order as well. There are a number of arbitration orders that evaluate whether the action is valid, depending on the exact facts. Arbitration orders are available for review on the DBPR’s website.

  • joseph benedetto

    does the board of a condo assoc. have the right to reject a vote and/or a petition and/or any comments by the assoc. an/o any other board member if the issue is not on the aggenda as mailed and distributed to the unit owner as per law 718?

  • Marilyn

    What are the requirements regarding a workshop meeting at a condo association? I assume we’re required to post a notice if there’s a quorum of directors present. What if there’s not a quorum? Are Minutes necessary?
    RESPONSE: Board meetings are defined as any time a quorum of the board gathers to discuss association business. Notice to members is required – I believe the Division says that notice must be posted even if unit owners are not permitted to attend or participate (in the case of an attorney-client privileged meeting). The statute requires the association to prepare minutes of board and general membership meetings.

  • Joan Anderson

    We are renters in a condo with a HOA & board. Our landlord sent the association manager a letter that he would like us to attend general meetings and send him a report from our perspective. Our association manager said no renters are ever allowed at any meetings. Is this true?
    Thank you.
    RESPONSE: The association can control participation and attendance at meetings. It is not unusual for an association to exclude non-members (non-owners) from board meetings. You have to review the documents to determine whether the owner is entitled to appoint a non-member as his/her proxy for the general membership meetings.

  • Majestic

    According to Articles of Incorporation (Page 6), “the Board size will increase to 7 upon turnover, with 5 being elected by the Residential Unit Owners, and 2 being elected by the Non-Residential Owners.” The Developer owns the commercial spaces and is therefore the “Non-Residential Owners”.
    It also states that the Developer reserves the right to elect at least
    1 director of the Condo Association so long as it owns at least 5% of the Units.
    So that means he gets 3 seats – right?
    RESPONSE: There is a difference between serving on the board as a unit owner and serving as a developer representative. In general terms, the language you quoted granting the developer at least one seat is designed to preserve that seat even if all the voting power is opposed. A review of the factual situation and the documents is necessary to provide an opinion.

  • James

    I have been a unit owner in my 12-unit association for 9 years and my partner lives with me. My partner has accompanied me to every budget and annual meeting with the exception of 4 or 5 times. There were also meetings where other non-unit owners were present and were either a partner or parent. It was my understanding that non-unit owners (not renters) could attend, but could not say anything. Long story short, my partner was told to leave at a recent meeting after the meeting was called to order because he said something to me personally. If non-unit owners are not allowed to attend meetings, shouldn’t something have been said in the past 9 years, or at least before the meeting commenced? Thank you.
    RESPONSE: The association can (and probably should) adopt its own regulations regarding non-owner attendance and participation at meetings. These types of rules or regulations should be considered at an open board meeting, just like any other rules. Similarly situated residents should be treated equally – there are different reasons why title may be held in one person’s name or by a corporate entity and rules should address each known situation.

  • Marion Orlofsky

    A member of our condo association wants to build a glass enclosed storage shed on the side of his duplex condo. There would be no entry to the condo from the shed and nothing like it has ever been done before in our association. On or about May 1, when passage of an additional three-foot extension becomes effective, no side additions will be allowed. This was per a unanimous vote of the Board which, at that time, included the member above. In any event, the current Board will not consent to the building of this shed. The association member is threatening suit against the association and a neighbor who refused to consent. Does he have a valid case?
    RESPONSE: Please run these facts by your association’s attorney. There are a number of factors that must be evaluated to properly advise the board.

  • Orval Pintuff

    Our condo board president keeps stating that non-legal committee meetings that are being held for preliminary purposes does not have to be open or posted to the members. He says the committee is meeting consultants, potential vendors to see what they are offering and discussing what they plan to offer the condo in the way of services. Our building committee is meeting with these individuals. I feel since this is not a legal meeting then it should be posted 48 hours in advance for the members to be aware of the meeting.
    RESPONSE: Section 718.112(2)(c), F.S. requires notice and allows owners to participate in budget committee meetings or when the committee has the authority and plans to take final action on the part of the association. Otherwise, the bylaws can control. It also depends upon whether a majority (quorum) of the committee members are conducting this advance due diligence. Owners are entitled to inspect copies of bids for services, so there are ways to stay informed.

  • Gary Orlofsky

    I am president of our condo assn. and have been told that a lien placed on one of our units dated 11/29/10 will expire this November. Is this normal and if so can the lien be reinstated? Would it make sense for our assn. to foreclose on the property in order to recoup the money owed and what would be the downsides of assn. foreclosure?
    RESPONSE: I copied and pasted a portion of §718.116 below. There are many issues to consider when making strategic decisions regarding collection/foreclosure, etc. Please review other posts on this site under the “foreclosure” subject for some ideas – we address many of the issues associations are now confronting.
    (b) To be valid, a claim of lien must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. It must be executed and acknowledged by an officer or authorized agent of the association. The lien is not effective 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced. The 1-year period is automatically extended for any length of time during which the association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by the parcel owner or any other person claiming an interest in the parcel. The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest and all reasonable costs and attorney’s fees incurred by the association incident to the collection process. Upon payment in full, the person making the payment is entitled to a satisfaction of the lien.

  • Maggie Hill

    Thank you for all of this wonderful information. With regard to the posting (or non-posting) of budget meetings at a HOA, if there is nothing in the Association documents outlining the posting of this meeting and it is always a quorum of the board who decide on the budget, might not a budget meeting, in this case, also be considered a board meeting and therefore must be posted 48 hours?
    RESPONSE: It doesn’t specifically say in the statute. Notice of a meeting at which the board intends to adopt the budget (annual assessment) must include a statement indicating assessments will be considered and the nature of the assessment. I encourage my clients to give as much notice of the budget meeting as possible. I also encourage my clients to send out a copy of the adopted budget instead of the postcard notifying them the budget is available upon request.

  • Ray

    Do we still need to factor in 4-5 days for USPS to deliver the mail? For instance an annual meeting letter should go out 64 days prior..?

  • tapper

    how long before board meeting minutes should be available to those who do not attend meetings?

  • Joe Carideo

    I am a Board Member in an HOA governed by FS 719. We need to hold a meeting to discuss allowing a hardship for one of our Unit Owners. Information of a sensitive nature may come up, and our president has decided to hold a special “closed door” meeting to allow or disallow the hardship. Our association attorney will not be on the conference call, and we are not discussing personnel matters. Can we hold such a meeting without shareholders being present?

  • http://www.floridacondohoalawblog.com/ Lisa Magill

    The statute only grants exceptions to the “open meeting” rule for meetings that are subject to the attorney-client privilege or for personnel meetings. However, the board cannot discuss medical issues or conditions of the unit owners at open meetings – the president should consult with counsel as to how best to handle the situation.

  • Lisa Brown

    Must a meeting notice be posted when the board is having a closed meeting regarding payroll of it’s employees?