“Notice Requirements for Board Meetings” – News-Press
Q: Many of the owners in my homeowner’s association are seasonal, so they are not present during the summer. Our board holds regular meetings throughout the year, including during the summer months. The notice of these board meetings are posted in the clubhouse for the community. However, shouldn’t the board also be required to email owners, particularly owners who are not local, notice of board meetings? (R.K., via e-mail)
A: Generally, a homeowner’s association, governed by Chapter 720, Florida Statutes, the Homeowner’s Association Act, is not obligated to email the members notice of regular board meetings. Section 720.303(2)(c)(1.) of the Homeowner’s Association Act specifies the required notice for board meetings.
Generally, the notice of a regular board meeting must be posted in a conspicuous place in the community at least 48 hours in advance of the meeting. Additionally, the notice for the board meeting must specify the agenda items for the meeting. Further, meetings where the board is to consider a special assessment or meetings where amendments to rules regarding parcel use will be considered, must be noticed at least 14 days in advance of the meeting and the notice must be mailed, delivered or electronically transmitted to the members and posted on the property.
Additionally, for homeowner’s associations which are required to have a website, meaning that they have 100 or more parcels, the notice of the board meeting must also be posted to the website by the same deadline as generally required. So, for regular board meetings, the notice must be posted to the website at least 48 hours in advance and for meetings where the board will consider special assessments or rules regarding parcel use, the notice must be posted to the website at least 14 days in advance.
In your question, you seem to be describing the notice required for regular board meetings. The notice for those meetings must only be posted on the property and posted to the association’s website, if your association is required to have a website, at least 48 hours in advance. There is no requirement in the Act to email notice of regular board meetings to the members.
The foregoing notice requirements for board meetings for homeowner’s associations are also generally applicable to condominium associations governed by Chapter 718, the Florida Condominium Act. Section 718.112(2)(c) of the Condominium Act discusses the notice required for board meetings in a condominium association and contains similar requirements for when notice must be posted or otherwise delivered to the members.
Q: The members in my condominium association recalled one of the board members. After the recall, the remaining four board members voted to fill the vacancy created by the recall. This seems wrong. Shouldn’t the members be allowed to vote on the replacement director? (T.L., via email)
A: Most likely, no. For condominium associations, recall is discussed in Section 718.112(2)(l), of the Florida Condominium Act, which provides that if a vacancy occurs on the board as a result of a recall, and less than a majority of the board members have been removed pursuant to the recall, the vacancy may be filled by affirmative vote of the remaining directors. Therefore, absent some provision providing that such vacancies must be filled by a special election of the members in your condominium documents, the board had the authority to fill the vacancy by a vote of the remaining directors.
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.
