Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried this might be against Florida Statutes. (J.D., via e-mail)
A: It depends. Section 718.112(2)(c) of the Florida Condominium Act grants members the right to attend board meetings, speak about agenda items, and ask questions on issues affecting the condominium. The statute does not grant unit owners the right to “attend” board meetings remotely (by logging on to a video platform, for example), although many associations now provide this option of observing board meetings to owners as a courtesy.
When an owner observes a board meeting remotely, rather than attending in person, it is my view that the rights set forth in the statute do not apply, although most associations grant them anyway. It is also relevant to note that “remote-only” board meetings (board meetings with no actual physical location) are not authorized by the statute, except under state of emergency conditions. Although the law does not speak clearly to this issue, it is my view that when there is a “remote-only” board meeting, owners who observe remotely should be granted the rights set forth in the statute, since there is no way they could physically attend these meetings to exercise those rights.
Owner meetings are a bit different. If an association holds a meeting where only those present in person or those who have sent in proxies can vote, the same rules would apply. However, the statutes also permit a board to adopt a policy that allows “remote participation,” meaning that an owner who only “attends” the meeting through video conference is counted as “present” at the meeting, as though they were in the room. Owners participating remotely in meetings under these conditions are authorized to actually vote remotely (though voice voting is the only plausible means to do this). In this scenario, the owner has all the same rights as if they were in the meeting room, including the right to speak on designated agenda items.
The statute permits the board to adopt rules regarding owner participation in meetings, and I recommend that every association do so. Between the 2020-era pandemic and the several major hurricanes we have had since that time, remote meetings have become a staple in association operations, and are likely to remain so. While there needs to be a reasonable basis for the association to control the efficiency and order of meetings, it is my view that this technology has greatly enhanced the ability and likelihood of owners “tuning in” to association business, which I see as a good thing.
Q: The question has arisen whether the Florida HOA statute or another Florida statute requires a board to approve expenditures (other than minor items) in an appropriately noticed board meeting. An owner claims there is no legal basis for requiring the board to publicly approve major expenditures and contracts via a board meeting. (S.M., via e-mail)
A: Under most homeowners’ association governing documents, except when parcel owner approval is specifically required by statute or the documents, all powers and duties of the association are vested in the board of directors. This usually includes the power to enter into agreements for the operation and maintenance of the community. In general, a board can only act by votes taken at a properly noticed board meeting.
Depending on how the bylaws are written, this authority can be “delegated” by action of the board to an officer, a managing agent, or a committee. The power to delegate expenditure authority to committees is specifically recognized in the statute, though the requirement that committees that are authorized to expend association funds are subject to the same “sunshine rules” applicable to board meetings (posted notice of meetings and owner rights to attend).
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.