Where a condominium association’s governing documents authorize the board of directors to promulgate rules regulating the use of the units and/or the common elements, it is important, when such rules are amended, that the appropriate notice requirements be met. Under Chapter 718, the Condominium Act, the notice requirements for a rule amendment depend upon the subject matter of the rule – whether the rule amendment deals with use of the units or use of the common elements.
Rule Amendment Regarding Unit Use
Section 718.112(2)(c)1, Florida Statutes, pertains to notice requirements for Board meetings and specifically provides as follows:
- Adequate notice of all board meetings, which must specifically identify all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency. If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose. An item not included on the notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members. Such emergency action must be noticed and ratified at the next regular board meeting. Written notice of a meeting at which a non-emergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. Evidence of compliance with this 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association.
Within this provision, the general notice requirement for a board meeting is 48 hours, with the notice, specifically identifying all agenda items, being posted conspicuously on the condominium property. However, when an amendment to a rule regarding unit use will be considered at the board meeting, the notice requirement is increased to 14 days prior to the meeting, and the notice must actually be mailed, delivered, or electronically transmitted to the owners — as well as posted on the condominium property. Additionally, an affidavit demonstrating compliance with the 14-day notice requirement must be signed by the person providing the notice and filed in the association’s official records.
Rule Amendment Regarding Use of the Common Elements
There is no specific mention in Chapter 718 of a special notice requirement where the Board will consider a proposed rule amendment regarding use of the Common Elements. Thus, the regular 48 hour board meeting notice requirement would apply to that type of rule change, with the notice, specifically identifying all agenda items, being posted in a conspicuous place on the Condominium Property.
It is important to note that as to both types of rules, an association’s individual Bylaws may also impose additional or different notice requirements for an amendment. Thus, it is always important to review the Bylaws and to consult with the association’s attorney to ensure that all notice requirements are being met.