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The Membership Poll – The Pros, Cons and Confusion

The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice is often blurred without any practical guidance available for …

Boards of Directors Can Hold Closed Meetings for Certain Purposes

Q: When can a condominium board of directors hold a meeting which is closed to the owners? (P.C., via e-mail)

A: Pursuant to Section 718.112(2)(c) of the Florida Condominium Act, meetings of the board of administration …

Pandemic Has Changed How Boards Do Business

Q: Our condominium association board held online/telephone monthly meetings during the pandemic enabling owners to listen and ask questions. Normally, our board holds meetings where owners may attend in person. When the Florida Governor implemented Phase 2, the board …

To Notice, or Not to Notice, That Is the Question: Closed Board Meetings

The answer to the question of whether all board meetings must be properly noticed to the members is YES. Even the emergency powers section of the community association statutes require notice to be given as is practicable.

What …

Board’s Pandemic Restrictions Questioned

Q: Because of COVID-19, our homeowners’ association has prohibited guest use of our pool and fitness center. This has precluded third-party led fitness classes, even if the classes are offered outdoors. Instead, the association is allowing member-led fitness classes …

When Are Closed Board Meetings Allowed?

Q: As president of my condominium association, I believe it is time to fire our in-house manager and hire a new one. I obviously need the approval of the board to fire the manager.  At the upcoming board meeting …

Board Can Fill Vacancies

Q: At our annual HOA meeting, the persons who were voted in by the board for the treasurer and secretary resigned after accepting the position that very night. Can the board fill the vacancies without an election? Is there …

Using Proxies at Membership Meetings

Q: Could you please clarify the purpose of a proxy at a condominium association meeting? (M.G., via e-mail).

A: A proxy is a document that allows an owner to designate another person to attend a meeting …

“Who Said What?” When Members Use Social Media and Other Platforms to Inappropriately Communicate about Association Business – Part II

This article is the second part of an earlier article which addressed how board officers should handle their personal and official communications directed to members about association business. Part II of this article addresses how the association should handle …

Being Recalled Does Not Prohibit Future Service On Board

Q: A group of owners in my condominium association are considering recalling certain members of our board of directors. However, a question has arisen as to how long a recalled person is barred from serving on the Board. (B.K., via e-mail)