“Board Authority to Install Solar Panels” – News-Press
Q: The documents for our condominium state that any changes to the common elements require a vote of the unit owners. However, our board decided to install solar panels on the roof without a membership vote. The board president explained that the Florida law allows the board to install solar panels without a vote. Before I raise this issue, I wanted your thoughts. (B.S., via e-mail)
A: The short answer is that the board has the authority to approve the installation of solar panels without a unit owner vote. Section 718.113, Florida Statutes, addresses material alterations or substantial additions to the common elements. Typically, changes to common elements of the condominium property require approval from a certain percentage of unit owners, as set out in the declaration or, if the declaration is silent, the approval by at least seventy-five percent (75%) of the total voting interest in the association must approve.
However, Section 718.113(7) of the statute creates a specific exception for installing solar collectors and other renewable energy devices. The law states that, regardless of any other provision of Section 718.113, Florida Statutes, or in the governing documents, the board may install these devices on common elements or association property without needing unit owner approval.
The legislative intent behind this exception appears to make it easier for condominiums to adopt renewable energy technologies by removing procedural barriers that might otherwise delay or prevent such installations.
It is important to note that the board must still comply with other applicable laws, such as building codes, permitting, and safety regulations. The statute also requires that these installations be “for the benefit of the unit owners,” meaning the installation must serve the interests of the community.
If there are questions about whether a proposed installation qualifies under this exception, meets other legal requirements, or serves the proper purpose, the board should consult with association legal counsel.
Q: Under Florida law, when is a homeowners’ association permitted to hold a closed board meeting? (F.N., via e-mail)
A: The primary authority governing meetings of homeowners’ associations is found in Section 720.303, Florida Statutes. The statute establishes that generally meetings of the board of directors of a homeowners’ association must be open to all members of the association. However, it carves out two exceptions where closed meetings are permitted.
First, the board may meet in private with the association’s attorney to discuss proposed or pending litigation, but only when the meeting is held for the purpose of seeking or rendering legal advice. This is an exception intended to preserve the confidentiality of legal advice and litigation strategy. Second, the board may also hold closed meetings when the purpose is to discuss personnel matters. This typically includes discussions about hiring, firing, discipline, compensation, or performance evaluations of association employees. The statute does not define “personnel matters,” but the term is generally understood to cover these types of issues.
Any other business, even if sensitive or controversial, must be conducted in open session unless it falls within one of the two statutory exceptions.
The statute extends the open meeting requirement, and its exceptions, to committees that have the authority to make final decisions regarding association expenditures or architectural approvals. Committees that lack this authority, or that only make recommendations, may be governed by further requirements in the association’s bylaws.
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.
