Some governing documents specifically require membership approval for board-initiated exterior alterations, but not necessarily for owner-requested exterior alterations. Once established as provided in this subsection, the reserve accounts must be funded or maintained or have their funding waived in the manner provided in paragraph (f). In addition to annual operating expenses, the budget may include reserve accounts for capital expenditures and deferred maintenance for which the association is responsible. The HOA statute states in reference to the requirement for open board meetings, The provisions of this subsection shall also apply to the meetings of any committee or other An election is not required unless more candidates are nominated than vacancies exist. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. All your members need is access to the internet and a web browser. HOAleader recently published an article on this subject: HOA If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of members, and the notice shall state the purpose of the meeting. As you mentioned, this new board may have no idea whether the prior board was aware, and if so, was it aware for more than five (5) years? Pursuant to the statutes governing homeowners associations, an ARC is required to meet with the same notice and openness formalities as a regular board meeting. District Maps. T.P., Naples. PART I. An association that meets the criteria of this paragraph shall prepare or cause to be prepared a complete set of financial statements in accordance with generally accepted accounting principles as adopted by the Board of Accountancy. If reserve accounts are not initially provided by the developer, the membership of the association may elect to do so upon the affirmative approval of a majority of the total voting interests of the association. One of the most challenging aspects of scheduling association meetings is choosing a date, time, and location that is convenient for everyone. For purposes of this section, a change in quorum requirements is not an alteration of voting interests. However, these meetings may also provide owners and shareholders the opportunity to voice concerns or issues. The formula may be adjusted each year for changes in estimates and deferred maintenance performed during the year and may include factors such as inflation and earnings on invested funds. 2021 Florida Statutes (Including 2021B Session) Title XL REAL AND PERSONAL PROPERTY Chapter 720 HOMEOWNERS' ASSOCIATIONS Entire Chapter CHAPTER 720 HOMEOWNERS' CHAPTER 720. Editors note: Attorneys at Goede, Adamczyk, DeBoest & Cross respond to questions about Florida community association law. If a majority of board members attend a committee meeting, is the meeting considered a board meeting? Proposed new language must be underlined, and proposed deleted language must be stricken. ", The short answer is yes. A:There are a number of issues to discuss here. Javascript must be enabled for site search. Meetings of the board must be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. Javascript must be enabled for site search. All board meetings must be properly noticed and open to the members, with the only exceptions being: One way that association activities are made transparent is Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. Under Florida law, members of an HOA have a right to attend board meetings and to be heard with regard to any matter on the meetings agenda. 2014-209; s. 18, ch. HOAs in Florida are subject to the Homeowners Association Act. A: Under Chapter 718 of the Florida Statutes, the Florida Condominium Act, adequate notice of all board meetings (which must include all agenda items) is required to be posted conspicuously on the condominium property at least forty-eight (48) continuous hours before the meeting, except in an emergency. The approval action of the membership must state that reserve accounts shall be provided for in the budget and must designate the components for which the reserve accounts are to be established. The association may provide notice by electronic transmission in a manner authorized by law for meetings of the board of directors, committee meetings requiring notice under this section, and annual and special meetings of the members to any member who has provided a facsimile number or e-mail address to the association to be used for such purposes; however, a member must consent in writing to receiving notice by electronic transmission. Below is an explanation of those issues plus a few practice tips. If vacancies occur on the board as a result of a recall and a majority or more of the board directors are removed, the vacancies shall be filled by members voting in favor of the recall; if removal is at a meeting, any vacancies shall be filled by the members at the meeting. Please write the firm for more information. For example, the Association has seven directors, two directors serve on the committee and another two attend the meeting as observers, since four of the seven directors are present (i.e. 720.303(2)(b). The financial and accounting records must include: Accurate, itemized, and detailed records of all receipts and expenditures. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained. Thus, the short answer is that the condominium board may have very broad rights or very narrow rights, but the exact answer would require an interpretation of your condominium documents. Pursuant to Florida law, certain condominium committees must always follow the same procedural requirements of meetings of the Board of Directors, which (for regular meetings) require at least 48 hours posted notice and must be open to the membership. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. When the governing documents, including the declaration, articles of incorporation, or bylaws, provide that only a specific class of members is entitled to elect a board director or directors, only that class of members may vote to recall those board directors so elected. 2. The failure to timely provide notice of the recording of the amendment does not affect the validity or enforceability of the amendment. If the recall occurred by agreement in writing or by written ballot, members may vote for replacement directors in the same instrument in accordance with procedural rules adopted by the division, which rules need not be consistent with this subsection. The association or its authorized agent may charge a reasonable fee to the prospective purchaser or lienholder or the current parcel owner or member for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder, other than that required by law, if the fee does not exceed $150 plus the reasonable cost of photocopying and any attorney fees incurred by the association in connection with the response. The association may adjust replacement reserve assessments annually to take into account any changes in estimates of cost or useful life of a reserve item. For Associations that have active involvement from their owners, its usually a good idea for the board to delegate the fact-finding and non-policy decisions (i.e. Many condominium and homeowners associations activities are required to have a certain amount of transparency. Florida has many common interest developments throughout the state. Notwithstanding this general notice requirement, for communities with more than 100 members, the association bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice, provision of a schedule of board meetings, or the conspicuous posting and repeated broadcasting of the notice on a closed-circuit cable television system serving the homeowners association. If I am ordered to leave (or forbidden to enter) this meeting, I ask that you advise me of the statutory authority for your action. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place. Each development is governed by a different law, but all associations must hold annual meetings. There are a lot of changes inacted in FL720, July 1, 2007. It is important to note that some ARCs do not actually approve or disapprove and only make recommendations to the board, so the answer also depends on the scope of authority of the committee. Any recovery of insurance proceeds derived from a policy of insurance maintained by the association for the benefit of its members. Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference. Failing to follow the basic statutory requirements may result in problems. The validity of any action by the board is not affected if it is later determined that a person was ineligible to seek election to the board or that a member of the board is ineligible for board membership. Emergency actions must be ratified or approved at the boards next properly noticed board meeting at which a quorum of directors is attained. A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. If the eligibility of the member to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the member meeting to recall one or more directors. 720.301, et. Non-Profit Corporation Act. For condominiums: Florida Statute 718.112 (c) provides the board meeting notice requirements. It also provides, in part, the following: "Meetings of a committee to take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to the provisions of this paragraph. Fla. Stat. One of the questions is often whether there are known violations of the condominium documents. If not, does being subject to the Not for Profit Act give them authority to conduct remote meetings? The lanai is most often a limited common element, but can be part of the unit and therefore it is paramount that you are analyzing the correct part of the declaration. A meeting of the board must be held at a location that is accessible to a physically handicapped person if requested by a physically handicapped person who has a right to attend the meeting. Except as provided in paragraph (b), all members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. The journals or printed bills of the respective chambers should be consulted for official purposes. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. Any fee or compensation authorized in advance by a vote of a majority of the voting interests voting in person or by proxy at a meeting of the members. The Act is organized into the following Parts: 2000-258; s. 4, ch. . 2011-196; s. 17, ch. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. HOAs in Florida are subject to the Homeowners Association Act. Many of the provisions of the HOA laws are the same or similar to co-ops and condominiums. Some of the provisions of the Act that apply to annual meetings include, but are not limited to: However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices. For purposes of this subparagraph, the term personnel records does not include written employment agreements with an association or management company employee or budgetary or financial records that indicate the compensation paid to an association or management company employee. Such proceedings must be conducted in the manner provided by s. s. 38, ch. 2010-174; s. 17, ch. The association is deemed to have complied with this requirement by making the written request of the parcel owners required under this subparagraph. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. Can Homeowners Association Board Restrict Fences? Q:An owner in our condominium is requesting to enclose his lanai with glass to create an air-conditioned living space. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. Meetings of members; voting and election procedures; amendments. Posts:447. The data is part of the official records of the association. The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members. If a meeting of the unit owners has been called to determine whether to waive or reduce the funding of reserves and such result is not achieved or a quorum is not present, the reserves as included in the budget go into effect. Notwithstanding any other law, meetings between the board or a committee and the associations attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors. Many of the provisions of the HOA laws are the same or similar to co-ops and condominiums. If the budget of the association does not provide for reserve accounts pursuant to paragraph (d) and the association is responsible for the repair and maintenance of capital improvements that may result in a special assessment if reserves are not provided, each financial report for the preceding fiscal year required by subsection (7) must contain the following statement in conspicuous type: If the budget of the association does provide for funding accounts for deferred expenditures, including, but not limited to, funds for capital expenditures and deferred maintenance, but such accounts are not created or established pursuant to paragraph (d), each financial report for the preceding fiscal year required under subsection (7) must also contain the following statement in conspicuous type: An association is deemed to have provided for reserve accounts if reserve accounts have been initially established by the developer or if the membership of the association affirmatively elects to provide for reserves. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, may not seek election to the board and is not eligible for board membership unless such felons civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. Under Florida Statutes Chapter 720, for HOAs, and Chapter 718, for condominiums, Association board meetings are deemed to occur when a quorum of the board gathers to conduct association business. Board directors may be recalled by an agreement in writing or by written ballot without a membership meeting. Furthermore, the Division of Florida Condominiums has adopted rules regarding recording condominium association meetings (found in Fla. Admin. If the association is aware of the violation, and marks "no"on the estoppel, you may be prevented from compelling the purchaser to cure any pre-existing violation. A current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility. Association funds may not be used by a developer to defend a civil or criminal action, administrative proceeding, or arbitration proceeding that has been filed against the developer or directors appointed to the association board by the developer, even when the subject of the action or proceeding concerns the operation of the developer-controlled association. An association with total annual revenues of $500,000 or more shall prepare audited financial statements. Next, some governing documents provide that the board can deny such requests in its sole discretion. Specific statutes within the Act that apply to annual meetings including, but are not limited to: Section 719.129 permits the association to hold unit owner votes and elections by using an internet-based online voting system with the written consent by the unit owner. If a majority of board members attend a committee meeting, is the meeting considered a board meeting? All other committee meetings do not have to be noticed unless the bylaws require it. The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection. Notwithstanding this paragraph, the following records are not accessible to members or parcel owners: Any record protected by the lawyer-client privilege as described in s. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel. This section does not preclude the termination of a reserve account established pursuant to this paragraph upon approval of a majority of the total voting interests of the association. Some of the questions I get on that issue are as follows: Are committee meetings always open to unit owners? If the budget of the association includes reserve accounts established pursuant to paragraph (d), such reserves shall be determined, maintained, and waived in the manner provided in this subsection. K.M., Bonita Springs. 720.302(1). The website must be wholly owned and operated by the association or must be operated by a third-party provider with whom the association has the right to operate a page. Some of the provisions of the Act that apply to annual meetings include, but are not limited to: Electronic voting is permitted if a member consents in writing and all requirements under the code are met. A current roster of all members and their mailing addresses and parcel identifications. The only exceptions to this open-meeting requirement are when the meeting is held to discuss personnel matters or when the associations attorney is present to provide advice concerning proposed or pending litigation. Condominium Documents Should be Kept Current. See governing documents for current text. An amendment to a governing document is effective when recorded in the public records of the county in which the community is located. Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. For purposes of this paragraph, the term any fee, fine, or other monetary obligation means any delinquency to the association with respect to any parcel. 9, 10, ch. Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. This type of resolution is referred to as a chattel shipping resolution, in reference to a court decision with a similar name, and I would recommend you consult with your legal counsel to confirm the procedures necessary to implement such a resolution and to determine whether it is appropriate in your situation. One common solution is having the board adopt a resolution at a special board meeting to strictly enforce the condominium documents prospectively. Many condominium and homeowners associations activities are required to have a certain amount of transparency. Upon such approval, the terminating reserve account shall be removed from the budget. For Condominiums: Florida Statute 718.112(c) provides the board meeting notice requirements. Publications, Help Searching Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of 97-311; s. 1, ch. Whether or not there is a quorum of directors in attendance does not change the notice requirements or the fact that the meeting is open to the owners (with the limited exceptions provided above). Questions about board meetings, committee meetings, which have their own set of requirements, and members meetings should be directed to legal counsel for guidance. I think if a quorum of directors are present at a committee meeting (regardless of the directors purpose for attending the meeting), it constitutes as a quorum and functions as a board meeting. The notice of the board meeting 2004-353; s. 13, ch. For purposes of this answer, we will assume it is a limited common element. Similarly, board meetings held to discuss personnel matters are also not required to be open to association members. . The association shall prepare an annual budget that sets out the annual operating expenses. The minutes of all meetings of the board of directors and of the members, which minutes must be retained for at least 7 years. 92-49; s. 54, ch. 2003-14; s. 3, ch. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due. a quorum), is that not a board meeting? Skip to Navigation | Skip to Main Content | Skip to Site Map. getting bids, taking surveys, planning social events, etc.) Bids received by the association for work to be performed must also be considered official records and must be kept for a period of 1 year. If the documents were silent concerning this type of exterior alteration, the statute would dictate that a material alteration like this would require the approval of 75 percent of the unit owners. Then, they can attend the meeting and submit votes electronically through our system. The statutes governing community associations require notice of meetings to encourage owner participation. With BuildingBoard, your members and directors can remotely attend live board meetings and member meetings. When I asked to attend some of the committee meetings, I was told that the committee meets at a residence and the committee never tells management of the meetings, only the outcome of the decisions. Once an association provides for reserve accounts pursuant to paragraph (d), the association shall thereafter determine, maintain, and waive reserves in compliance with this subsection. The minutes of the board meeting at which the board decides whether to certify the recall are an official association record. Prior to turnover of control of an association by a developer to parcel owners, the developer-controlled association shall not vote to use reserves for purposes other than those for which they were intended without the approval of a majority of all nondeveloper voting interests voting in person or by limited proxy at a duly called meeting of the association. Quorums can be frustrating for board members and unit owners. A:Not exactly. The only committee that is required by law for Florida community associations is the rules enforcement committee, which is also often referred to as the fining, violation or grievance committee. Part of our platform was rule enforcement, so how do we deal with this? seq., governs the formation, management, powers, and operation of HOAs in Florida. For condominiums: Florida Statute 718.112(c) provides the board meeting notice An owner may consent in writing to the disclosure of other contact information described in this subparagraph. 2, 18, ch. The copy must be provided to the member within the time limits set forth in subsection (5). After one or more reserve accounts are established, the membership of the association, upon a majority vote at a meeting at which a quorum is present, may provide for no reserves or less reserves than required by this section. Notwithstanding the restrictions in this subparagraph, an association may print and distribute to parcel owners a directory containing the name, parcel address, and all telephone numbers of each parcel owner. A meeting of the members must be held at a location that is accessible to a physically handicapped person if requested by a physically handicapped person who has a right to attend the meeting. After the turnover, the developer may vote its voting interest to waive or reduce the funding of reserves. This subparagraph applies to all mortgages, regardless of the date of recordation of the mortgage. If the declaration, articles of incorporation, or bylaws specifically provide, the members may also recall and remove a board director or directors by a vote taken at a meeting. Because this type of construction may involve drilling holes into the exterior lanai walls, and because the association may be responsible for the lanai walls and any existing lanai cage, I would carefully review the application and possibly seek the opinion of an engineer to determine whether the proposed installation will result in a decrease in structural integrity or whether it would create opportunities for leaks and water damage. HOMEOWNERS' ASSOCIATIONS. 2017-4; s. 3, ch. 2013-188; s. 4, ch. 95-274; s. 1, ch. The agreement in writing or ballot shall list at least as many possible replacement directors as there are directors subject to the recall, when at least a majority of the board is sought to be recalled; the person executing the recall instrument may vote for as many replacement candidates as there are directors subject to the recall. The association or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the residential subdivision or the association other than information or documents required by this chapter to be made available or disclosed. If in doubt, always check the bylaws and/or declaration of your association, or give me a call to check on the legalities of meeting issues. Second, the association may not be able to enforce certain violations that existed prior to a change in ownership. Title XL REAL AND PERSONAL PROPERTY. It effectively gives the board a clean slate moving forward so that it can enforce future violations without the fear of owners pointing to prior violations as a selective enforcement defense. Disclaimer: The information on this system is unverified. Once the association has identified the recorded mortgages of record, the association shall, in writing, request of each parcel owner whose parcel is encumbered by a mortgage of record any information that the owner has in his or her possession regarding the name and address of the person to whom mortgage payments are currently being made. Additionally, although some portions of the website are public in nature, the official records should only be posted in a part of the site that is private and only accessible to owners with a password or other security mechanism. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records. 2000-258 ; s. 4, ch and election procedures ; amendments association is deemed to have with! Votes electronically through our system, is the meeting considered a board meeting are also not required to have with! 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