“New Condo Board Meeting Rules Explained” – News-Press

Q: Our condominium has 80 units. We have heard conflicting interpretations about the new law on holding meetings by video conference. Our board has been allowing owners to log in to and speak at board meetings remotely for several years. What has changed? (C.L., via e-mail)

A: Conducting board meetings under the new law, effective July 1, 2025, is a little complicated. I will break it down into its basic parts, which include many longstanding legal requirements:

• Posting Rule: The board must have a written rule stating where official notices are posted in a conspicuous location on the property. This has been a requirement of the law for decades.
• Board Meeting Location: Every video conference board meeting must have a “physical location.” Many bylaws require that board meetings be held in the county where the condominium is located.
• Posting of Notice: Notice of board meetings must be posted, along with an agenda, at least 48 hours before the board meeting. There are several exceptions in the statute, including board meetings to adopt nonemergency special assessments and enact rules regarding unit use, and budget meetings, that require the notice to be posted 14 days in advance. Notice of video conference board meetings must include a hyperlink for the video conference log-in, and a call-in number.
• “Sending Out” Notices of Board Meetings: There is no requirement to “send out” (by e-mail or otherwise) notice of board meetings which require 48 hour posted notice. However, written notice is required for meetings involving nonemergency special assessments or rules regarding unit use.
• The Agenda Requirement: The posted notice must include an agenda for the meeting. The Board can only vote on items on the posted agenda. There is an exception if a majority of the board plus one declares an item to be an “emergency,” in which case it can be voted on and ratified at the next board meeting with proper posting. This should be rare, as are true “emergencies.”
• Quarterly Board Meeting Requirement; Owner Rights to Speak: Pursuant to amendments to the statute enacted in 2024, the board of a residential condominium with more than 10 units must meet at least once per quarter. At least four times each year, the agenda for the board meeting must contain an item for owner questions. The statute also states that at every board meeting, owners have the right to address designated agenda items and the right to ask questions “relating to reports on the status of construction or repair projects, the status of revenues and expenditures during the current fiscal year, and other issues affecting the condominium.”
• Website Requirement: Effective January 1, 2026, your association is legally required to have a website. The statute contains detailed requirements regarding the independence of the website, what must be posted on the website, and when. This has been a requirement for associations operating a condominium operating 150 or more units since 2019. Notices of board meetings and certain other documents related to the board meeting must be posted on the association’s website, as required by statute.
• Director Remote Participation in Board Meetings: If one or more directors log into a video meeting with audio capability, that makes it a “video conference board meeting.” All directors can participate by video conference as long as the meeting has a physical location where owners can attend and there needs to be a screen/speaker set-up in the meeting room so those there in person can see, be seen, speak, and be heard. Owners who log in to a meeting by video conference have the same rights as though they had attended the meeting personally.
• Recording Requirement: Effective July 1, 2025, video conference board meetings must be recorded and the recording kept with the official records for one year. Links to the recorded meetings must also be posted on the website for meetings occurring during the previous 12 months.

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.