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

Category Archives: Meetings

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What are Pooled Reserves and How do we Implement Them?

Posted in Association Documents, Budgets, Reserves & Financial, Meetings, Uncategorized

Question: I am a new director on my condominium association board. At a recent board meeting, there was a discussion about switching to “pooled” reserves. What are pooled reserves and what does the association have to do to implement pooled reserves? R.G. Answer: Cash flow funding of condominium reserves, often referred to as the “pooling”… Continue Reading

Florida HOA Board Required to Act in Response to Member Petition

Posted in Meetings, Reader Q&A, Voting

Question: I am the president of my homeowners’ association and recently the board voted to proceed with a construction project within the community. Shortly after the vote, the association received a petition signed by a number of owners asking the board to reconsider the issue. Since the board has already discussed and voted on this… Continue Reading

Did My Association Legally Adjourn a Membership Meeting to a Later Date?

Posted in Governing Documents, Meetings, Operations, Voting

Question: My condominium association was set to have a big vote on some controversial amendments to the governing documents a few weeks ago. The proposed amendments include leasing changes that are onerous to investors and changes to the pet rules that seem totally unnecessary. I am strongly against these amendments, as are many other owners…. Continue Reading

Florida HOA Act Allows Owners to Speak for at Least 3 Minutes at Annual Meetings

Posted in Meetings, Operations, Reader Q&A

Question: I recently attended our annual homeowners’ association members meeting. We were asked to vote on several proposed amendments to the declaration of covenants. The changes were substantial and I had a number of comments I wanted to make at the meeting. However, when I was given an opportunity to speak, I was told that… Continue Reading

Do Budget Workshops Fall Under Sunshine Law?

Posted in Budgets, Reserves & Financial, Meetings, Operations, Reader Q&A

Question: I live in a homeowners’ association. The board of directors has historically held a budget workshop with only the chief financial officer of the management company and two of the five directors present. The association is governed by a five member board, so that board argues that because a quorum is not present, they… Continue Reading

Florida Condos & HOAs: Are you ready for electronic voting?

Posted in election, Elections, Legislation, Meetings, Operations

Every year I hear the same complaints about the procedures associated with obtaining a membership vote to approve some action or with respect to the election itself.  Apathy on the part of owners can really restrict community operations.  Many communities are stuck with governing documents written in the “dark ages” and cannot take advantage of statutory… Continue Reading

Are Informal Workshops Subject to Sunshine Laws in Florida?

Posted in Meetings, Operations, Reader Q&A

Question: If the board of directors of a homeowners’ association is meeting to just discuss routine operational or housekeeping issues, such as landscaping issues or minor repairs, must this meeting be noticed and open to the members? J.C. (via e-mail) Answer: Yes. The Homeowners’ Association Act, Chapter 720 of the Florida Statutes, provides in Section… Continue Reading

Robert’s Rules of Order Are Not “The Law” For Association Meetings

Posted in Meetings, Operations, Reader Q&A

Question: Our condominium documents do not specifically mention any parliamentary rules or procedures that are to be used in conducting our meetings. Our president says that the meetings must be conducted pursuant to the “Florida sunshine laws.” Does Florida require that meetings be run pursuant to Robert’s Rules of Order, or some other parliamentary procedures? … Continue Reading

Town Hall Meetings Can Trigger Sunshine Law

Posted in Meetings, Operations, Reader Q&A

Question: Our community holds monthly “informational” meetings, held right before the board’s regular meeting. All members are encouraged to attend, and the manager is there as well. Board members do not “run” the meeting, but participate in the audience like everyone else. One of our owners wants to videotape these meetings, and some people object…. Continue Reading

Can Condominium Association Employees Attend Closed Board Meetings?

Posted in Meetings, Reader Q&A

Question: The board of our condominium association recently held an “executive session” to discuss a “personnel matter.”  The “recording secretary”, who is an employee of the association, was present to take notes. Two of the directors objected to an employee being present and were advised that Florida Statute 718 allows for the recording secretary to… Continue Reading

Condo Boards Can Prohibit Remote Attendance At Board Meetings By Unit Owners

Posted in Meetings, Operations, Reader Q&A

Question: Our condominium board has decided that they will no longer allow unit owners to attend board meetings “remotely” via telephone conference. Rather, the board has now ruled that only board members may participate via telephone conference. Is it legal for the board to prohibit unit owners from attending a board meeting “remotely?” R.P. (via… Continue Reading

Opening Condominium Board Meeting With A Prayer Raises Legal Question

Posted in Meetings, Operations, Reader Q&A

Question: How does the Florida Sunshine Law or other legal restrictions apply to a condominium association board meeting that would permit or prohibit opening the meeting with a prayer? G.B. (via e-mail) Answer: I believe you are confusing two separate legal principles. The “sunshine law” is often referred to, albeit in “legal slang”, in connection… Continue Reading

Can Your Association Save Time and Money by Using Email Notice?

Posted in Email, Meetings

As we approach the end of the year, condominium and homeowners associations throughout Florida are preparing to send out annual meeting notices to members of their communities. For most of these associations, this will mean printing out and mailing hard copies of each notice, agenda, proxy, proposed amendment, and any other item being sent to… Continue Reading

New Law On Condo Board E-mails Leaves Important Questions Unanswered

Posted in Meetings, Official Records, Reader Q&A

Question: I read your recent blog about directors conducting business by e-mail. I do not really understand how this new law changes the previous law. Can you shed any light on this? L.A. (via e-mail) Answer: Good question. The Florida Condominium Act was amended July 1, 2014, to add the following language to the statute: … Continue Reading

Florida Statute Changes Affect Condo Board’s Use Of Emails

Posted in Meetings, Operations, Reader Q&A

Question: I own a condominium unit and am confused concerning recent changes to the condominium statute about e-mails. Specifically, I have heard reports that the revisions to the statute now allow board members to conduct association business by e-mail and not just at board meetings. This would seem to exclude unit owners from participating in… Continue Reading

Condo & HOA Bill HB 807 Covers Records, Video Meetings, Email

Posted in Legislation, Meetings, Official Records, Owner Payment Responsibility, Reader Q&A

Today’s column continues our annual review of new laws affecting community associations, condominiums, cooperatives, and homeowners’ associations. This year was a fairly busy one in Tallahassee, with several Bills of interest passing out of the Legislature. House Bill 807 (HB 807) is this year’s main bill affecting community associations. Last week, we looked at some… Continue Reading

Condo & HOA Board Meetings and Videoconferencing

Posted in Meetings, Operations, Reader Q&A

Question: Can Board meetings of a condominium association be conducted using a videoconferencing service, such as Skype, so that both board members and unit owners cannot only hear, but see the business being conducted? J.A. (via e-mail) Answer: The Florida Not For Profit Corporation Act generally allows directors to participate in board meetings through the… Continue Reading

Community Update 2014, Volume 4

Posted in Assessment Collection, Community Update, Meetings

Slow moving mortgage foreclosures often result in homes or units being vacant for years with the owner completely ignoring what transpires with respect to the property.  The association notices someone seems to be living there – who is that person?  Are they a tenant?  Are they a guest?  Are they a squatter?  What can or… Continue Reading

Can Condo Board Certification Classes be “Closed Meetings”?

Posted in Education, Meetings, Operations, Reader Q&A

Question: Our condominium association recently had a “board certification” class presented to it by the association’s attorney, in our clubhouse. Only board members were invited to attend. My contention is that because there was interaction between board members and ideas were probably developed, the meeting should have been posted and all owners should have been… Continue Reading