QUESTION: I'm new to our condo board and my head is spinning with the requirements about notice for the many types of meetings. We have board meetings, an annual meeting, membership meetings, committee meetings and workshops. What are the rules about informing our members?
ANSWER: Florida statutes are very clear about the notice required for each type of meeting. For example, the annual meeting of the membership is mandated by Section 718.112(2)(d)(1) and Section 607.084(2). Statutes require that the meeting be properly noticed and held according to the bylaws. All membership meetings require a minimum 14-day prior notice and must include the date, time and location of meeting being held and a detailed agenda for condominiums and cooperatives.
The notice must be mailed to the last known mailing address, delivered or electronically transmitted to unit owners and must be posted conspicuously on condominium property. The meeting must be held within 45 miles of the association property.
A written waiver to receive notice by hand or electronic transmission is required and should be retained in association records. The proposed annual budget must be mailed out to all unit owners at least 14 days prior to the meeting.
Chapter 718.11 states adequate notice must be given for all board meetings. The notice must specifically identify all agenda items and must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency. Written notice of any meeting at which non-emergency special assessments, or at which amendment to rules regarding unit use, will be considered must be mailed, delivered or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting.
The important thing to remember is that any time a quorum of directors meets to discuss association business, it is a board meeting. Any meeting with a quorum of the board of directors whether it's called a committee meeting, workshop, membership meeting or anything else must be treated as a board meeting. This does not mean that a group of board members who are at the same cocktail party cannot chat about the latest sporting event. The rule only applies to the discussion of association business.
If you need further clarification, seek the advice of an attorney who works with associations to assure that they are compliant with the statutes.
Attorney Sylvia Heldreth is a certified specialist in real estate law. Her office is located at 1215 Miramar St., in Cape Coral.
This article is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.