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Condo and HOA Notice Requirements for Meetings – Part 1

July 29th, 2014

Posted in Condominium & Homeowner Association Law

There are a number of requirements for Condominium Associations (COAs) and Homeowner Associations (HOAs) in the Florida Statutes regarding notice of meetings.  Part 1 of this Blog Post should serve as a helpful guide as to the notice requirements for Annual Meetings, Budget Meetings, Board Meetings (General), and Board Meetings Where Special Assessments Will Be Levied.  Part 2 (click for link) will discuss the notice requirements for Board Meetings to Adopt/Amend Rules Regarding Unit or Parcel Use, Membership Meetings, Committee Meetings, and Board/Committee Meetings with Association Attorney; Personnel Matters.

These lists are not all-inclusive as there are additional options set forth in the governing Florida Statutes.  Remember, always check your governing documents (Declaration of Condominium, Declaration of Covenants, Conditions, and Restrictions, Articles of Incorporation, and Bylaws) as they may require more notice than the Statutes provide.

Annual Meetings

  • COA:
    • First notice must be hand delivered, mailed, or electronically transmitted to each owner at least 60 days before meeting.
    • Second notice must include an agenda, must be hand delivered, mailed, or electronically transmitted to each owner at least 14 days before meeting, and must be posted conspicuously on the property at least 14 days before meeting.
  • HOA:
    • Bylaws must provide method.
    • If bylaws do not provide method, must be hand delivered, mailed, or electronically transmitted to each owner at least 14 days before meeting.

Budget Meetings

  • COA:
    • Must be hand delivered, mailed, or electronically transmitted to each owner with a copy of the proposed annual budget at least 14 days before meeting.
  • HOA:
    • No statutory requirement.  Pursuant to association’s governing documents.

Board Meetings

  • COA:
    • Bylaws must provide method.
    • If bylaws do not provide method, must be posted conspicuously on the property, identifying all agenda items, at least 48 hours before meeting.
    • If 20% of the total voting interest petition the Board to address an item of business, the Board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular Board meeting or at a special meeting called for that purpose
    • Exception for emergencies.
  • HOA:
    • Must be posted conspicuously on the property at least 48 hours before meeting.
    • If not posted conspicuously, must be mailed to each member at least 7 days before meeting.
    • If 20% of the total voting interest petition the Board to address an  item of business, the Board shall at its next regular Board meeting or at a special meeting of the Board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The Board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement.
    • Exception for emergencies.

Board Meetings Considering the Levy of a Special Assessment

  • COA:
    • Must be hand delivered, mailed, or electronically transmitted to each owner and posted conspicuously on the property at least 14 days before meeting.
    • Must specifically state that assessments will be considered and provide the nature, estimated cost, and description of the purposes for such assessments.
  • HOA:
    • Must be hand delivered, mailed, or electronically transmitted to each owner and posted conspicuously on the property at least 14 days before meeting.
    • Must include a statement that assessments will be considered and the nature of the assessment.

Knowledge of the governing Florida Statute is necessary in conjunction with a review of the Association’s governing documents to ensure that proper notice is provided for all meetings of an Association.  Consult with your community association attorney with any questions, as providing improper notice may lead to liability down the road for Florida Condominium and Homeowners Associations.

 

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