Annual Membership Meetings Must be Held in Accordance With Governing Documents

August 9th, 2013

Posted in Business & Corporate Law

Florida condominiums, co-ops, and homeowners associations are required by law to hold a meeting of the membership annually at a date set forth in the association’s governing documents.  As to homeowner and condominiums associations, the election of directors must be held at the annual meeting as provided in the governing documents.  Fla. Stat. § 720.306(2); Fla. Stat. § 718.112(2)(d).  As to cooperatives or co-ops, they must hold the election at the annual meeting unless the bylaws call for an election at another meeting.  Fla. Stat. § 719.106(1)(d).  Failure to properly hold an annual meeting and/or to hold an election as required may result in an adverse ruling in front of the Department of Business and Professional Regulation (“DBPR”) Arbitration division, which governs election disputes for condominiums, co-ops, and homeowner associations, and may result in the ordering of an election and the payment of legal fees to the prevailing party in any dispute.  The association’s legal counsel should be sought to discuss the specific language contained in the association’s governing documents as to the annual meeting and election requirements.

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