Insurance When determining the adequate amount of property insurance coverage, the association may consider deductibles. Policies may include deductibles as determined by the board. The board shall establish the amount of deductibles based on the level of available funds and predetermined assessment authority at a meeting of the board. Fines and suspensions Similar to HOAs, this part covers the provisions, requirements and prohibitions concerning fining association members as well as suspending use and/or voting rights. Related to fining, the board must provide at least 14 days’ written notice, and a member’s right to a hearing. Though not specifically referred to as a “meeting” the requirement for a hearing by a committee of at least three members who are not a director, officer, or employee. Unlike HOAs, there is no provision as to when the hearing by a fine or hearing committee must be held. Related to suspensions of use rights or voting, statute requires that the suspension(s) imposed must be approved at a properly noticed board meeting. not stated in the documents, at a location convenient for the members. Legislation added certain provisions for annual meetings of condominium associations relating to video conferencing. F.S. 718.112(d) provides that if a condominium association holds its annual meeting via video conference, a quorum of the board must be physically present at a physical location stated in the bylaws or within 15 miles of or within the same county as the condominium property. Special meetings This includes all meetings of the membership that are not the annual meeting. The purpose of the meeting will be reflected in the notice of members meeting. Notice for a special meeting of the members must be mailed delivered, or electronically transmitted, no less than 14 days prior to the meeting. Earlier in this course, an example of a notice for an annual meeting and a notice for a special meeting of the members was provided. Notice that the annual meeting notice specifies “Annual Meeting” and that the special meeting notice specifies the purpose of the meeting. In each notice, an agenda of matters to be taken up at the meeting is included and proof of proper notice of delivery is required to be kept with the association records. In a condominium association, if 20% of the voting interests petition the board of a condominium association 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 in the notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members. Remember that in 2025 amendments to F.S. 718 were made regarding conducting member meetings via video conference. The legal update portion of your continuing education will discuss this in further detail. For now, let’s look at how Florida statute has defined video conferencing related association meetings.
A lawful obligation of the association means an obligation that has been properly preapproved by the board and is reflected in the meeting minutes or the written budget. Contracts and transactions Directors and officers of an association board (that is not a timeshare) and their relatives, must disclose to the board any activity that may reasonably be construed to be a conflict of interest. If such person proposes to engage in an activity that is a conflict of interest, the proposed activity must be listed, and all contracts and transactional documents related to the proposed activity must be attached to the meeting agenda. The disclosures will be entered into the meeting minutes. Approval of the contract or transaction requires an affirmative vote of two-thirds of all directors present. At the next regular or special members meeting, the contract or transaction must be disclosed to the members. If a motion is made by any member, the contract or transaction will be brought up for a vote and may be canceled by a majority vote of the members present. For condominium and cooperative associations, a quorum of membership is required for a valid members’ meeting. A quorum for condominium and cooperative is a majority TVI, unless otherwise stated in the governing documents. There is a quorum exception related to election of directors, however, the election is held at the member’s annual meeting. Annual meeting Corporations are required to call an annual meeting. As such, condominium, cooperative and homeowners’ associations F.S. 617, Corporations Not-for-Profit applies in part to associations defined and regulated by F.S. 718, 719, 720, 721, and 723. Failure to hold an annual meeting does not cause a forfeiture or is it cause for dissolution of the corporation, nor does such failure affect otherwise valid corporate acts. Specific to condominium (F.S. 718) and cooperative (F.S. 719) associations, are the following important information concerning the meetings and notice. The annual meeting of the members/shareholders of a cooperative association will include such things as reviewing the business affairs of the association with the members, election of directors, and may consider the proposed budget, or other issues that require a vote of the membership. The required notice must incorporate an identification of agenda items, be given to each unit owner at least 14 days before the annual meeting, and be posted in a conspicuous place on the cooperative property at least 14 continuous days in advance of the annual meeting. The regular election must occur on the date of the annual meeting (this does not apply to timeshare cooperatives). An annual meeting for condominium unit owners must be held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting must be held within 15 miles of the condominium property or within the same county as the condominium property. An annual meeting for a cooperative association must be held at a location stated in the documents (usually bylaws), or if
Members meetings - Condominium and cooperative associations Voting and election procedures and voting on amendments
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