The laws on the HOA, co-operatives and condominiums do not provide for remote meetings. However, all laws refer to emergency powers. Boards may consult with their lawyers to determine whether the emergency powers give them the right to hold meetings remotely. If not, does the submission to the Not-for-Profit Corporations Act give them the power to hold meetings remotely? A: First of all, I always encourage tied candidates to agree to withdraw or throw a coin to determine the winner. This saves time and money. In the absence of this, however, florida`s Administrative Code, which governs condos in addition to Chapter 718 of Florida`s laws, prescribes the method for breaking voting ties. It states that within seven days of the election day on which the tie took place, the council will send voters a second-round notice by mail or in person. The notice informs voters of the expected date of the second round, includes a ballot paper and contains copies of all candidate information sheets previously submitted by the candidates (candidates may not modify or revise their information sheets for the purposes of the second round). The second round must take place at least 21 days, but no later than 30 days, after the date of the election in which the tie took place.
`Meetings of a committee to take a final decision on behalf of the board of directors or to make recommendations to the board concerning the budget of the association shall be subject to the provisions of this paragraph. Meetings of a committee that does not make a final decision on behalf of the Board of Directors or that does not make recommendations to the Board regarding the budget of the Association are subject to the provisions of this Section, unless such meetings are exempted from this Section by the By-Laws of the Association. Electronic voting is permitted with the written consent of a member and all the requirements of the Code are met. Members who vote electronically are counted as present at the meeting to determine the quorum. Editor`s note: Attorneys from Goede, Adamczyk, DeBoest & Cross, PLLC., answer questions about municipal association law in Florida. The firm represents community associations throughout Florida and focuses on condominium and homeowners` association law, real estate law, litigation, estate planning and commercial law. HOAs in Florida are subject to the Homeowners` Association Act. Many of the provisions of the HOA laws are identical or similar to co-operatives and condominiums.
Some of the provisions of the Act that apply to annual meetings include, but are not limited to: In addition to the permitted means of calling a meeting of the Board, the Corporation may (by a rule issued by the Board) introduce a procedure for the conspicuous publication of the meeting announcement and agenda on the Corporation`s website for at least the minimum period during which a meeting must also be physically called. located on the property. of the condominium and an electronic notice of meeting (with a hyperlink to the website where the notice and agenda will be published) will be sent to the owners of the unit, whose email addresses are included in the official records of the association. However, this does not replace the physical display requirements under Florida law. BuildingBoard is easy to use, convenient and avoids problems to reach quorums. Schedule your meeting, invite members via email, and arrange the vote on the day of the meeting. Its members vote via their smartphone or computer. Are you ready for your annual meetings? Contact BuildingBoard to learn more about our services and schedule a demo. The purpose of the Annual Meeting is to conduct business that has an impact on the entire community. However, these meetings can also give owners and shareholders an opportunity to voice their concerns or problems.
Florida has many developments of common interest throughout the state. Each development is subject to a different law, but all associations must hold annual meetings. One of the most difficult aspects of planning association meetings is choosing a date, time and place that suits everyone. BuildingBoard has a better way to hold association meetings. With BuildingBoard, your members and directors can remotely attend board meetings and general meetings. Our platform is easy to use. There is no need to download any software or applications. All your members need is internet access and a web browser. Then they can attend the meeting and vote electronically through our system. There is nothing they can set up or learn. Section 718.128 allows the Association to hold votes and elections through an online Internet voting system with the written consent of the unit owner. All requirements of the code section must be met for electronic voting to be valid.
A: The answer to this question does not depend on the size of the community, but on the statutes of the Florida HOA and the statutes of the association. For HOAs: Florida Statute 720.303 (2) contains requirements for convening board meetings. These requirements include postal notices and sometimes postal notices, the right of owners to attend most board meetings, and the right to speak on agenda items. So, for condominiums, when the committee makes budget recommendations or makes a final decision, it should be noticed just like a board meeting. All other committees do not have to be respected if the statutes exempt them. You will need to review the condominium bylaws to see if other committees are exempt from the notification requirements. A: Yes. All board actions (i.e., votes) must be recorded in the minutes of the meeting. Board minutes are not “official” until approved by another board vote.
However, in certain circumstances, the vote on the approval of the minutes may also take place at a closed executive meeting of the board of directors if the content of the minutes is preferred by the lawyer and the matter has not yet been concluded. A: Pursuant to Chapter 718 of the Florida Condominium Act, reasonable notice of all board meetings (which must include all items on the agenda) must be posted prominently on the condominium property at least forty-eight (48) hours prior to the meeting, except in an emergency. Unless your condominium documents provide otherwise, council notices do not need to be mailed, delivered or delivered electronically to the unit owners. However, written notice of a meeting of the board of directors at which a special non-urgent assessment or an amendment to the rules and regulations governing the use of the unit is contemplated must be mailed to the owners of the condominium at least fourteen (14) days before the meeting, delivered or transmitted electronically and displayed prominently on the condominium. The statutes of associations of municipalities require the convening of meetings to encourage the participation of owners. HOAleader recently published an article on this topic: HOA Meetings: Does Your State Have Rules for Your Meeting Agendas? Here are some practical reminders – there are additional options in the bylaws. This list is not intended to be exhaustive. Q: Our condominium board has committed to rebuilding and expanding the shared tiki hut after Hurricane Irma without a member vote. It was more than 50% destroyed. Was it a violation of the Condominium Act? R.C., Bonita Springs A: Section 720.303 (2) (c) 1, Florida Homeowners Association Bylaws require that notice of all board meetings be posted at least 48 hours before a meeting in a prominent place in the community, except in an emergency.
In addition, if the notice is not posted in a conspicuous place in the community, notice of each council meeting must be sent or given to each member at least seven days before the meeting, except in an emergency. Notwithstanding this general notice obligation, the articles of the Association may provide for municipalities with more than 100 members an appropriate alternative to the publication or sending of notices for each meeting of council, including the publication of the notice, the provision of a schedule for council meetings, or the conspicuous publication and repeated broadcast of the announcement on a closed cable television system that is at the Disposition of the Owners` Association serves. However, if a sending notification is used in place of a message that is physically published to the community, the notification must be sent at least four times per broadcast hour of each day when a published notification is otherwise required. The Association may transmit notices by electronic transmission in the manner permitted by law for meetings of the board of directors, committee meetings requiring notice under this section and annual and special meetings of members to any member who has provided the Association with a fax number or e-mail address for those purposes; However, a member must agree in writing to receive communications electronically. 3. A power of attorney granted shall be valid only for the specific meeting for which it was originally granted and for legally adjourned meetings. A power of attorney is valid for a maximum period of 90 days from the date of the first meeting for which it was granted and may be revoked at any time at the discretion of the unit owner. Q: I bought my condo last year.
Am I entitled to a copy of the agenda for regular board meetings prior to the actual meeting, or at least a copy when I attend the meeting? (H.B., by email) Q: One of our board members uses his out-of-state attorney to review everything that happens to the association, including reviewing the property manager`s contract. The board member submitted his lawyer`s invoice to the association for reimbursement. The rest of the board politely refused to cover the costs. Can a board member use his or her personal counsel to review the activities of the association or is this a violation of the board member`s duties to the association? And if the board member can use their personal attorney, does it matter that that attorney is an out-of-state attorney who doesn`t know co-ownership law in Florida? R.A., Naples So if your municipality has more than 100 lots, you can publish the notice on a closed TV channel that serves the municipality if you have one.
