association board

HOA Board Meetings Must Be Open

Q: My homeowners’ association is currently under developer control. Does a developer-controlled homeowners’ association have to hold open and noticed board meetings? (B.P., via e-mail)

A: Yes. Section 720.303(2) of the Florida Homeowners’ Association Act contains the legal requirements for board meetings. The statue requires that notice of all regular board meetings be posted in the community at least 48 hours in advance of the meeting. Additionally, members have the right to attend all board meetings, and speak to all designated agenda items. There is no exception to these requirements for developer-controlled associations.

Additionally, any committee or similar body that has the authority to make final decisions regarding the expenditure of association funds or any body vested with the power to approve or disapprove architectural decisions with respect to specific parcels of residential property must also hold open and noticed meetings.

There are two exceptions to the requirement that meetings be open to owners. The first exception is when the board is meeting to discuss personnel matters. The second exception involves meetings with the association’s attorney with respect to proposed or pending litigation. These meetings may be closed to the members.

Agency Revisits Term Limit Issue

In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit. The obvious immediate question was whether this law would be applied retroactively (reach back to prior years of service to determine if a director was “termed out”) or whether the law would only be applied prospectively (meaning that you would not count previous terms in calculating the 8 year term limit). The law itself did not say one way or the other whether it was intended to be retroactive.