When Can a Condo Board Meet

[MJ77]

My question involves a condominium located in the State of: FL

When can a condo board meet legally?

Can the board meet to discuss information/options/plans (no decisions are being made, simply gathering information) with out posting a notice 48 hours in advance and making that meeting open to all homeowners?

Does email conversations/decisions among board members constitute an official meeting?

[Mr. Knowitall]

Start by looking at the COA's bylaws, which probably dictate where and when meetings are to be held, how they are to be conducted, and what constitutes proper notice.

[wakefield1943]

I had the same question you pose when I started on our Board this past January for the first time.

Like your Association, mine is also in Florida. So, I called the Florida Division of Condominiums, Timeshares, and Mobile Homes located in Tallahassee (813) 356-1720. I spoke directly with a representative who told me that anytime any "Quorum" meets (see your Bylaws), that meeting must be posted with a "Notice" and an "Agenda" to enable Owners who wish to attend to participate--this, no matter the topic/purpose or other wise.

For what it's worth, I tried to argue logically with the person, asking him "how a Board, in fact any Board, ever gets anything done in this type of open environment..."; he simply kept falling back on..."it's the law".

Hope this helps you in some way.

[peppermintpatty]

I sit on the Board in Florida also. I don't understand what the problem is.

Board meetings in Florida can happen at any time when it is needed. If a quoum of the Board wishes a meeting then they have one, but there must be a quorum of the Board.

It is really illegal for a quorum of Board members to even get together in a social setting to discuss association matters. You can do it if you have less than a quroum.

It's called the Sunshine Law in Florida. All repeat all board meetings must be open to the members of the association even if decisions are not made at the meeting. Any discussion that concerns the association falls into this category. The only meetings that are NOT open to the membership are meetings with the association attorney but only if you are discussing pending lawsuits or possible impending lawsuits. But these meetings must be posted also. You would simply identify the meeting as a "Closed meeting" to the memberhsip. The Board must post notices of the meeting at least 48 hours ahead of time for a Board meeting.

I would certainly not get involved into holding e-mail conversations with a quorum of the Board. All records can be confiscated if an owner wishes to sue. It is not really legal.

Tallahassee speaks the truth.

[Double]

What makes you think that a meeting with an attorney to discuss a subject legitimately closed, can be properly noticed with the agenda being listed as a closed meeting.

I know how other States handle this, and was looking for some Florida Condominium law decision on this tonight; but have not found one. The agenda requirements are clear and do not provide for an exception on the notice even though the legislature made it clear that it knows how to make exceptions as it did for whether the meeting needs to be open.It certainly seems appropriate to list the meeting as closed; but I see nothing that allows the meeting notice to hide the subject to be discussed.

[peppermintpatty]

Unit owners may be excluded from a meeting of the Board when the association's attorney is present "for purposes of providing legal advice concerning proposed or pending litigation". Such meetings, although closed to unit owners, must still be properly noticed in the same manner as all other meetings of the Board. The only business to be discussed in a closed meeting is that which will relate directly to the legal advice being provided by the attorney. This is reference in Section 718.112 (2)(c) Florida Statutes.