Board Meetings: How They Should Be Conducted

04.24.2017

  |  

02:21 pm

Business Litigation

Today’s blog is about notice, quorum, the right to record meetings, handling disruptive attendees and meeting minutes.

Notice Requirements:

The notice requirements for a meeting are contained in the Florida Statute. The Florida Statutes provide default notice procedures, more stringent notice requirements may be provided in governing documents. The default notice procedures are as follows:

  • Regular board meetings must be “posted in a conspicuous place in the community at least 48 hours in advance of the meeting, except in an emergency.”
  • If notice is not posted, then the association is required to mail notice to each member at least seven (7) days before the meeting.
  • Any meeting in which assessments will be levied must be noticed with a statement assessment will be considered as well as the nature of those assessments. This includes levying annual assessments, even if assessments are not increased. While this sentence in the statute does not state 14 days advanced notice is required, it is in the same subsection that requires 14 days’ notice for meetings to consider special assessments and amendments to rules affecting parcel use.
  • Any meeting in which special assessments will be considered must be noticed by mailing the notice to each homeowner at least 14 days in advance of the meeting and the notice must state assessments will be considered and the nature of the assessment. This included levying annual assessments, even if assessments are not increased.
  • Any meeting in which amendments to rules affecting parcel use must be noticed by mailing the notice to each homeowner at least 14 days in advance of the meeting.

Quorum Requirements

Whenever a majority of the board meets, even if it is at a picnic, and discusses board business, it is a board meeting and must be noticed and open to all members.
For membership meetings, the quorum is the number of owners listed in the bylaws or other association documents. Florida Statutes provide a default of 30% if the documents do not provide for quorum.

Members’ Right to Speak, right to Record Meetings and Disruptive Attendees:

Every member has the right to speak at least three minutes at a meeting on any item on the agenda. This law used to have requirements the member had to provide advanced notice, which meant the members were not given an opportunity to speak if the agenda was not published in advance.

Homeowners’ Association Attorneys

The homeowners’ association attorneys at Stevens & Goldwyn, P.A. are experts in condominium law, contractual disputes, and HOA litigation. They specialize in representation for homeowners associations, assessment collection, foreclosures, civil litigation, and more. Stevens & Goldwyn, P.A. is located in Plantation, FL and provides services throughout Florida, including Fort Lauderdale, Miami, Palm Beach, Plantation, Pembroke Pines, Miami Beach, Pompano Beach, Hollywood, Aventura, and more.

Arrange a free, no-obligation consultation, where you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs. Call us at 954-476-2680 or contact us online today.

Arrange a Free Consultation

Through a free, no-obligation consultation, you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs.
Call 954-476-2680 or contact us online today.