Q: My homeowners’ association board has voted on topics that were not posted on the agenda; therefore, homeowners did not know they would be voting on these items. Is this legal? (G.P., via e-mail)
A: In condominiums, a board may not take action on any item at a board meeting unless the item was placed on the posted agenda. However, emergency matters not included on the agenda may be taken up if approved by a majority of the board, plus one, and the item is ratified at the next meeting of the board with proper posting.
The Florida Homeowners’ Association Act does not specifically require the posting of an agenda with the board meeting notice. The statute does require that notice of board meetings where assessments will be considered contain a statement to that effect.
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