“New Condo Board Meeting Rules” – FCAP Managers Report
Conducting board meetings under the new law, effective July 1, 2025, is a bit more cumbersome, can be confusing, and frankly not quite clear in all respects, especially in regard to video meetings and requirements for same. I will start with the basics, which have not changed too much, and then move on to the changes in regard to remote participation (Zoom or Teams) and new recoding 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. This is one thing that “falls through the cracks” with a surprising number of associations. It is one of the few rules Associations are required to have by statute.
Board Meeting Location: Every video conference board meeting must have a “physical location.” Some bylaws require that board meetings be held in the county where the condominium is located, and some even require they be held at the condominium (not a good idea for several reasons). There cannot be any “Zoom only” board meetings.
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. Always check your documents to see if a longer posting requirement is needed for such meetings (such as 30 days), which would control.
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. Many association do this as a courtesy and there is nothing wrong with that. However, written notice is required for Board meetings involving nonemergency special assessments, the adoption of rules regarding unit use and the budget meeting. Again, this assumes your documents grant the Board these authorities and that the bylaws do not contain a more restrictive notice requirement (for example, 30 days’ notice for the budget meeting)
Agenda: The posted notice must include an agenda for the meeting. The Board can only vote on posted agenda items. 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 and inclusion of the item on the agenda. This should be rare, as are true “emergencies.” You should consult with your attorney, if possible, before implementing this.
Quarterly Board Meeting; 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.”
Websites: Effective January 1, 2026, associations operating a condominium of 25 or more units are required by statute 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 that meeting 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.
If you have any questions in regard to any of the above, you should discuss with your Association attorney.
To read the original FCAP article, please click here.
Howard J. Perl is a member of Becker’s Community Association practice and has been involved in all aspects of community association law, including transactional, collections, mediation, arbitration, construction defects and litigation. He is Florida Bar Board Certified in Condominium & Planned Development Law and is certified by the State of Florida as a facilitator for continuing education credit courses for Community Association Managers.
