“Communication Is One of a Board’s Most Important Responsibilities” – FLCAJ

Boards of directors of Florida community associations have a fiduciary duty to act in the best interests of their communities. While this responsibility is often associated with budgeting, maintenance, and legal compliance, one area of a board’s responsibilities that often receives less attention is effective communication with the membership, an important means by which boards can better fulfill their fiduciary duties.

Many disputes that consume a board’s and management team’s time and resources arise not because the board made the wrong decision but because owners did not understand why the decision was made. Owners are generally more likely to accept decisions they understand, even when they disagree with the outcome. Conversely, decisions made without explanation can quickly lead to misunderstandings and unnecessary conflict.

Good communication fosters trust, encourages owner involvement, and can help demonstrate that the board is fulfilling its fiduciary responsibilities.

Transparency Builds Credibility
Florida’s community association statutes promote transparency through, among other things, open meetings, owner access to official records, and opportunities for member participation. For example, Florida Statutes sections 718.112(2), 719.106, and 720.303(2) all generally require board meetings to be open to members, while sections 718.111(12), 719.104, and 720.303(5) provide owners with rights to inspect official records, which includes the right to inspect meeting minutes.

Compliance with these statutory requirements, however, should be viewed as the starting point rather than the finish line. Boards that merely satisfy the minimum legal requirements may still leave owners feeling uninformed if significant decisions are announced without context.

Whenever practical, boards should explain not only what decision was made but also why it was made. Better yet, they should communicate significant issues before a final decision is reached. For example, if a board is considering a special assessment for roof replacement, explaining the underlying engineering reports, reserve funding, and available alternatives before the vote can help owners understand the necessity of the decision even if they ultimately disagree with it.

Regular newsletters, website updates, email communications, and manager reports are valuable tools for keeping owners informed about projects, finances, and important community issues.

Conduct Effective Board Meetings
Board meetings are often the primary opportunity for owners to observe their elected representatives in action. Consequently, the manner in which meetings are conducted can significantly influence owners’ perceptions of the board.

Although Florida law generally requires owners to be given an opportunity to speak before the board acts on designated agenda items, this requirement should be viewed as more than a procedural obligation. Allowing owners to be heard demonstrates respect for the membership and may provide information the board had not previously considered.

Meetings should remain organized, respectful, and focused on the published agenda. Healthy debate among directors is appropriate, but discussions should remain professional and centered on the issues rather than personalities.

Conflict is Inevitable, But Escalation is Not
Every community association will experience disagreements regarding maintenance projects, architectural decisions, rule enforcement, budgets, or assessments. A board’s objective should not be to eliminate conflict altogether but to manage it constructively, and addressing concerns early is often the most effective way to prevent escalation. Prompt responses, courteous conversations, and clear explanations can often resolve issues before they become formal legal disputes.

Consider a homeowner whose architectural modification application is denied. A brief notice of denial may leave the owner frustrated, while an explanation identifying the governing document provisions and acceptable alternatives—in other words, informing the owner what steps to take to correct the application—is more likely to promote cooperation and avoid further conflict.

While effective communication strategies can be very helpful in managing and resolving conflicts early on, some disputes may require the assistance of a neutral third party. Florida law encourages or requires mediation for many community association disputes; and voluntary mediation, even when not legally required, can often help preserve community relationships while avoiding the expense, delay, and uncertainty of litigation.

The Importance of Professionalism
Board members are volunteers, but they are expected to conduct association business professionally.

Communications should remain factual, courteous, and objective, particularly when addressing controversial issues. Emotional responses, inflammatory language, or public arguments—whether at meetings, by email, or on social media—rarely improve a situation.

Directors should also recognize that emails and text messages may later become part of the association’s official records or exhibits in litigation. Communications prepared with that possibility in mind are generally more measured and productive.

When disputes involve complex legal issues or interpretation of the governing documents, boards should consult the association’s legal counsel. Experienced community association managers can likewise provide valuable guidance regarding communication strategies and implementation of board decisions.

Practical Steps
Boards should consider adopting the following practices:

• Communicate regularly through newsletters, email updates, or the association website.
• Explain the reasons behind significant board decisions.
• Seek owner input before making major decisions whenever practical.
• Conduct meetings professionally and encourage respectful
  participation.
• Respond to owners’ concerns promptly and courteously.
• Consult the association’s legal counsel early on when legal issues arise.
• Consider voluntary or pre-suit mediation before disputes escalate into litigation.

Conclusion
An effective board is measured not only by the decisions it makes but also by how those decisions are communicated. Boards that communicate openly, explain the reasons behind their decisions, conduct meetings professionally, and address disputes before they escalate are often able to avoid unnecessary conflict and litigation while fostering greater confidence among the membership. Effective communication is therefore more than a management skill—it is an important component of a board’s responsibility and a valuable investment an association can make in the long-term health of its community. 

Ramon C. Palacio, Shareholder, Becker
Ramon C. Palacio is a shareholder in Becker’s Miami office, specializing in condominium and homeowners’ association law. He advises clients on interpreting governing documents, enforcing covenants, board governance, operational matters, contract negotiation, dispute resolution, regulatory compliance, and litigation. Mr. Palacio has extensive experience managing association foreclosure actions, injunctive relief cases, and disputes involving the Florida Department of Business and Professional Regulation (DBPR), including election disputes, recalls, and board authority challenges. As an experienced educator, he has taught courses in business and employment law and has facilitated continuing education courses for community association managers and certification courses for directors of condominium and homeowners’ associations. His insights have been published in industry journals, and he has been quoted in various industry publications. For more information call 305-351-1069, email rpalacio@beckerlawyers.com, or visit beckerlawyers.com.