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Can a Condo Board Meet Behind Closed Doors?

Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board meeting (where unit owners are not permitted to attend) in two situations. The first situation is a discussion regarding “personnel matters” and the condominium association attorney is not required to attend the meeting.  The second situation is a discussion of “proposed or pending” litigation and (in contrast to the first situation) the condominium association attorney is required to attend the meeting (in person or via telephone).

There is similar authority to hold a closed board meeting for cooperative associations contained in the Florida Cooperative Act (Chapter 719, Florida Statutes) and for homeowners associations contained in the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes).

If a Board believes that an issue merits a closed meeting, a call to the Association’s Attorney can confirm whether closure is appropriate.

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