Business
Florida Statute
Florida Administration Code
Condominiums
F.S. 718
F.A.C. 61B-15 through 25, 45, and 50
Cooperatives
F.S. 719
F.A.C. 61B-75 through 79
Homeowners’ Associations
F.S. 720
F.A.C. 61B-80, 81, and 85
Vacation and Timeshare Plans
F.S. 721
F.A.C. 61B-37 through 41
Not for Profit Corporations
F.S. 617
Community Association Management
F.S. 468 VIII
F.A.C. 61-6, 61E-14, and 61-20
of directors, or board of governors or board of administration. A quorum of the board must be present (in person, audio conference or video conference) to have a valid board meeting. ● Committee meetings : Purposes of committee meetings are usually determined by the governing documents or by written policies for the community association. An exception to this may include specific guidelines for those committees who have authority to make decisions related to the expenditure of funds, to approve/ disapprove of architectural changes to a unit/parcel, and hearings for the purpose of approving or rejecting a fine imposed on a member. Statutes have specifications for how such committees may conduct meetings.
Community associations conduct three types of official meetings that require compliance with state statutes and the form of parliamentary procedure used by the association. The governing documents of an association may call for additional types. The standard types of meetings include: ● Members’ meetings : For the purposes as dictated by statute or determined by the governing documents, that members must meet for such purpose and that a quorum must be present (in person or by proxy) to have a valid members’ meeting. ● Board meetings : For purposes as dictated by statute or determined by the governing documents or at such times as the board intends to vote and/or take some action on behalf of the business of the community association. A board may be referred to as a board
PART 2: STATUTORY GUIDANCE AND REQUIREMENTS
F.S. 720, Homeowners’ Associations, alone refer to “meeting” over 165 times. All three parts of the statute discuss in some form meetings, requirements, purpose, Meetings - Homeowners’ Associations (HOA) F.S. 720 requires an elected or appointed board member to complete educational curriculum approved by the DBPR. The education requirement includes training related to notice and meeting requirements among other things. F.S. 720.303(1) cites the HOA powers and duties, including meetings of the board, powers and duties concerning official records, budgets, financial reporting, association funds, and recalls. Also mentioned in this section of the HOA law, are powers and duties related to the HOA taking defense actions in eminent domain or inverse condemnation actions. It requires that before beginning litigation against a party in the name of the HOA that involves amounts in excess of $100,000, the HOA must obtain the affirmative approval of a majority total voting interests (TVI) at membership meeting that has reached a quorum. F.S. 720.303(2) specifically refers to board meetings. Here it speaks to the importance of understanding and knowing various restrictions such as: ● A board may communicate by e-mail, but it may not vote on an association matter by email. ● Meetings of the board of directors occur whenever a quorum of the board gathers to conduct association business. ● Board meetings must be open to all members, except those between the board and its attorney when meeting about proposed or pending litigation or for the purpose of discussing personnel matters. ● Board meetings in an HOA must be held in a location that is accessible to a physically disabled person if requested by a physically disabled person who has a right to attend the meeting. ○ These requirements also apply to any committee when there is a final decision regarding the expenditure of association funds and any committee
and some procedures. This might provide some insight into how important meetings are to the life of a community association, at least from the eyes of Florida laws.
with the power to approve or disapprove architectural decisions.
● The provision that members of the association, aside from the board members, have the right to attend board meetings includes the right to speak on all designated items. Proper board meeting notice For valid meetings of the board of directors, proper notice is required. Proper notice is not limited to posting in advance, rather proper notice involves the inclusion of an agenda that identifies items for the meeting. The notice must be posted conspicuously in the community at least 48 hours in advance of the board meeting. There is an exception in the event of an emergency (that is a true emergency, such that may be called a state of emergency by the president or governor). If unable to post the notice conspicuously on the HOA property, then the notice must be mailed or delivered to each member at least seven days in advance of the meeting. In communities of more than 100 members, the HOA bylaws may provide for reasonable alternatives to this posting provision including, but not limited to, posting it on the association’s website, closed circuit broadcasting system, mobile apps, and/or email for those members who have consented in writing to receive notice by electronic transmission. A notice of a board meeting to enact a special assessment or to amend rules regarding parcel use must be noticed 14 days in advance of the meeting. Any assessment to be levied must include a statement on the notice that an assessment, either routine or special in nature, will be considered at the meeting. If 20% of the TVI petitions the board to address an item of business, the board is required to either take the matter up
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