“Board Authority to Install Electric Vehicle Charging Stations Without a Membership Vote” – News-Press
Q: Recently, my condominium association installed two electric vehicle charging stations in unassigned parking spaces. While this was discussed at a series of board meetings, there was no owner vote authorizing the installation. Isn’t this the type of change to the condominium property that must be approved by the members as a material alteration? (G.R., via e-mail)
A: It appears you are referring to the requirement to obtain a membership vote for “material alterations” to the common elements of the condominium. Section 718.113(2)(a) of the Florida Condominium Act provides that, unless the declaration of condominium provides otherwise, material alterations or substantial additions to the common elements or association real property must be approved by a seventy-five percent (75%) vote of the total voting interests of the association. However, the declaration of condominium may provide for a different level of approval or may authorize the board of directors to make material alterations either generally or up to a specified monetary threshold without a membership vote.
While this is the general rule, the Condominium Act provides a specific exception concerning the installation of electric vehicle charging stations. Section 718.113(9) of the Condominium Act provides that the board of directors may “make available, install, or operate an electric vehicle charging station” upon the common elements or association property and may establish policies concerning the use of, and charges related to, such stations. The statute further provides that the installation of an electric vehicle charging station does not constitute a material alteration or substantial addition to the common elements or association property.
This exception was added to the statute to facilitate the installation of electric vehicle charging stations by condominium associations. Therefore, the statute provides a specific exception to the requirement of obtaining membership approval for the installation of electric vehicle charging stations.
Q: My condominium association recently had its annual meeting where there was an election of directors. Following the annual meeting, the board held its organizational meeting and elected the officers. The board elected the officers by secret ballot rather than by open voice vote, as it normally does for all matters. Questions were raised during the meeting about whether this was appropriate, and the newly elected board president stated that it was permitted and moved on. Should the votes for the election of officers be open to the members? (M.R., via e-mail)
A: For a condominium association governed by Chapter 718, the Florida Condominium Act, generally, the votes of the board must be open, and all votes or abstentions of each board member present at a board meeting must be recorded in the minutes. However, there is a specific exception for the election of officers. Section 718.111(1)(b) of the Florida Condominium Act provides that, while board members may not vote by proxy or secret ballot, officers may be elected by secret ballot.
Therefore, in this case, the board properly elected the officers at the organizational meeting by secret ballot. All other votes must be open, and how each director voted must be recorded in the minutes of the meeting.
For a homeowners’ association governed by Chapter 720, the Florida Homeowners’ Association Act, a similar exception is found in Section 720.303(2)(a)3., which likewise provides that directors may not vote by proxy or secret ballot at board meetings, except that secret ballots may be used in the election of officers.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
