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Condo and HOA Notice Requirements for Meetings – Part 2

July 31st, 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, found here (click for link) discussed the notice requirements for Annual Meetings, Budget Meetings, Board Meetings (General), and Board Meetings Where Special Assessments Will Be Levied.  This post 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.

Board Meetings to Adopt/Amend Rules Regarding Unit or Parcel Use

  • COA:
    • Must be hand delivered, mailed, or electronically transmitted to each owner with a copy of the proposed rule, and posted conspicuously on the property at least 14 days before meeting.
  • HOA:
    • Must be hand delivered, mailed, or electronically transmitted to each owner with a copy of the proposed rule, and posted conspicuously on the property at least 14 days before meeting.

Member Meetings

  • COA:
    • Bylaws must provide method; see Post 1 as to Annual Meeting notice requirements.
  • 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.

Committee Meetings

  • COA:
    • Meetings of committee to take final action on behalf of the Board or make recommendations to the Board regarding the association budget must be posted conspicuously on the property at least 48 hours before meeting, and the meeting must be open to all unit owners.
    • Meetings of a committee that do not take final action on behalf of the Board or make recommendations to the Board regarding the association budget must be posted conspicuously on the property at least 48 hours before meeting, and the meeting must be open to all unit owners unless the association bylaws state otherwise.
  • HOA:
    • Must be posted conspicuously on the property at least 48 hours before meeting when (1) a final decision will be made regarding the expenditure of association funds, or (2) there is a meeting of a committee with the power to approve or disapprove architectural decision with respect to a specific parcel of residential property owned by a member.

Board/Committee Meetings with the Association Attorney; Personnel Matters

  • COAS:
    • Must be posted conspicuously on the property at least 48 hours before meeting, but meetings are not open to the unit owners when the meeting is held for the purpose of seeking or rendering legal advice.
    • Board meetings with the association attorney are not open to unit owners when the meeting is held for the purpose of discussing personnel matters.
  • HOA:
    • Must be posted conspicuously on the property at least 48 hours before meeting, but meetings are not open to the unit owners when the meeting is held for the purpose of discussing proposed or pending litigation.
    • Board meetings with the association attorney are not open to owners when the meeting is held for the purpose of discussing personnel matters.

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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