Editors note: Attorneys at Goede, Adamczyk, DeBoest & Cross respond to questions about Florida community association law. Skip to Navigation | Skip to Main Content | Skip to Site Map. The software and operating system used by the association which allows the manipulation of data, even if the owner owns a copy of the same software used by the association. A developer or its representative from serving as a director, officer, or committee member of the association and benefiting financially from service to the association. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, may not seek election to the board and is not eligible for board membership unless such felons civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. Does it matter whether the director participates in the discussion or attends but is simply there to observe? Unless otherwise provided in the governing documents as originally recorded or permitted by this chapter or chapter 617, an amendment may not materially and adversely alter the proportionate voting interest appurtenant to a parcel or increase the proportion or percentage by which a parcel shares in the common expenses of the association unless the record parcel owner and all record owners of liens on the parcels join in the execution of the amendment. When it is determined by the department pursuant to binding arbitration proceedings that an initial recall effort was defective, written recall agreements or written ballots used in the first recall effort and not found to be defective may be reused in one subsequent recall effort. Under Florida law, members of an HOA have a right to attend board meetings and to be heard with regard to any matter on the meetings agenda. Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Upon such approval, the terminating reserve account shall be removed from the budget. Chapter 720 HOMEOWNERS' ASSOCIATIONS Entire Chapter. 2010-174; s. 17, ch. The association may impose fees to cover the costs of providing copies of the official records, including the costs of copying and the costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds one-half hour and if the personnel costs do not exceed $20 per hour. Florida Sunshine Laws. A majority of the voting interests is required for a quorum at a members meeting unless otherwise stated in the bylaws, Except as expressly provided within the code, unit owners may not vote by general proxy, only by limited proxies, Proxies may be used to establish a quorum, A committee member or board members participation in a meeting electronically counts toward a quorum, An annual meeting of the unit owners must be held in a location provided in the bylaws or within 45 miles of the condominium property, except for associations governing timeshare condominiums, Written notice of the annual meeting must contain the agenda and must be provided at least 14 days before the annual meeting (the notice must also be posted in a conspicuous place on the condominium property for 14 continuous days before the meeting), Unless the bylaws state otherwise, a majority of voting interests constitutes a quorum at a meeting of the members, Unless the code explicitly allows, unit owners may not vote by general proxy after January 1, 1992, Limited proxies may be used as adopted by the division, Except under limited circumstances, proxies are not used to elect board members, Board and committee members participating electronically count toward a quorum, There must be an annual meeting of the shareholders, Notice of annual meetings must be posted on the property for 14 continuous days and given to each unit owner at least 14 days before the meeting, The association shall hold an annual meeting for members, Special meetings may be held as necessary, Notice of the annual meeting must be given at least 14 days before the meeting by mail, delivery, or electronic transmission, Members have the right to vote by proxy unless otherwise provided in the code or the associations governing documents, Unless otherwise provide by the bylaws, 30 percent of the total voting interests constitute a quorum, Members present in person or by proxy count toward a quorum. Obviously, these meetings would probably be less formal and no official action would take place, but theres nothing wrong with. Interim Committee Meetings; Senators. Members voting electronically are counted as being in attendance at the meeting to determine a quorum. Association members are entitled to speak at open meetings on designated items (HOA) or an item on the agenda in a condominium. In addition to annual operating expenses, the budget may include reserve accounts for capital expenditures and deferred maintenance for which the association is responsible. Electronic transmission may not be used as a method of giving notice of a meeting called in whole or in part for this purpose. Meeting Frequency: Monthly, meetings may be canceled if no fining issues have been approved by the BOD. Any recovery of insurance proceeds derived from a policy of insurance maintained by the association for the benefit of its members. Within 30 days after recording an amendment to the governing documents, the association shall provide copies of the amendment to the members. Once established as provided in this subsection, the reserve accounts must be funded or maintained or have their funding waived in the manner provided in paragraph (f). If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. Specifically, Florida Statutes section 718.112 provides that meetings of a committee . BuildingBoard has a better way to conduct association meetings. The bylaws shall provide the following for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to include the following: Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. 2018-96. Association funds may not be used by a developer to defend a civil or criminal action, administrative proceeding, or arbitration proceeding that has been filed against the developer or directors appointed to the association board by the developer, even when the subject of the action or proceeding concerns the operation of the developer-controlled association. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. The lanai is most often a limited common element, but can be part of the unit and therefore it is paramount that you are analyzing the correct part of the declaration. 2018-55; s. 13, ch. Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the persons name, parcel designation, mailing address, and property address. A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name shall not be listed on the ballot. What are our rights in reviewing this request? If a majority of board members attend a committee meeting, is the meeting considered a board meeting? 2014-133; s. 7, ch. The association is deemed to have complied with this requirement by making the written request of the parcel owners required under this subparagraph. A notice required under this section must be mailed or delivered to the address identified as the parcel owners mailing address on the property appraisers website for the county in which the parcel is located, or electronically transmitted in a manner authorized by the association if the parcel owner has consented, in writing, to receive notice by electronic transmission. Visit the website at www.gadclaw.com or ask questions about your issues for future columns by sending an inquiry to: info@gadclaw.com. Medical records of parcel owners or community residents. 720.302(1). All tax returns, financial statements, and financial reports of the association. While generally the meetings of an architectural committee of a homeowners' association would not be required to be open to the public, in the instant inquiry these committees have been elevated by county ordinance to constitute an integral part of the decision-making process relating to the issuance of county building permits. 9, 10, ch. Failing to follow the basic statutory requirements may result in problems. Participation by such person in a financial benefit accruing to all or a significant number of members as a result of actions lawfully taken by the board or a committee of which he or she is a member, including, but not limited to, routine maintenance, repair, or replacement of community assets. PART I. One way that association activities are made transparent is seq., governs the formation, management, powers, and operation of HOAs in Florida. 2021 Florida Statutes (Including 2021B Session) Title XL REAL AND PERSONAL PROPERTY Chapter 720 HOMEOWNERS' ASSOCIATIONS Entire Chapter CHAPTER 720 HOMEOWNERS' The formula may be adjusted each year for changes in estimates and deferred maintenance performed during the year and may include factors such as inflation and earnings on invested funds. The annual meeting is held to conduct business that impacts the entire community. However, these meetings may also provide owners and shareholders the opportunity to voice concerns or issues. The association or its authorized agent may charge a reasonable fee to the prospective purchaser or lienholder or the current parcel owner or member for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder, other than that required by law, if the fee does not exceed $150 plus the reasonable cost of photocopying and any attorney fees incurred by the association in connection with the response. vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.. 2000-258; s. 4, ch. If the budget of the association does not provide for reserve accounts pursuant to paragraph (d) and the association is responsible for the repair and maintenance of capital improvements that may result in a special assessment if reserves are not provided, each financial report for the preceding fiscal year required by subsection (7) must contain the following statement in conspicuous type: If the budget of the association does provide for funding accounts for deferred expenditures, including, but not limited to, funds for capital expenditures and deferred maintenance, but such accounts are not created or established pursuant to paragraph (d), each financial report for the preceding fiscal year required under subsection (7) must also contain the following statement in conspicuous type: An association is deemed to have provided for reserve accounts if reserve accounts have been initially established by the developer or if the membership of the association affirmatively elects to provide for reserves. Board directors may be recalled by an agreement in writing or by written ballot without a membership meeting. 2004-345; s. 15, ch. Any notices required to be sent to the mortgagees under this subparagraph shall be sent to all available addresses provided to the association. 2017-4; s. 3, ch. Some of the more significant requirements are those which require the board to take action If 20 percent of the parcel owners petition the board for a level of financial reporting higher than that required by this section, the association shall duly notice and hold a meeting of members within 30 days of receipt of the petition for the purpose of voting on raising the level of reporting for that fiscal year. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition. Committee List. 2018-96. The first step would be to review the declaration and determine whether the lanai is part of the unit or a limited common element. All other committee meetings do not have to be noticed unless the bylaws require it. 2007-80; ss. The Florida Bar requires the following disclaimer: "The hiring of a law firm is a serious decision that should not be based on advertising alone. 96-343; s. 1718, ch. For example, the Association has seven directors, two directors serve on the committee and another two attend the meeting as observers, since four of the seven directors are present (i.e. However, an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of 720.301, et. BECAUSE THE OWNERS HAVE NOT ELECTED TO PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6), FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE. : Attorneys at Goede, Adamczyk, DeBoest & Cross respond to questions about Florida association... & Cross respond to questions about your issues for future columns by sending an inquiry:... Meetings on designated items ( HOA ) or an item on the agenda in a condominium if no fining have. Of board members attend a committee writing to the governing documents, the terminating reserve account shall removed. Account shall be sent to the mortgagees under this subparagraph entire community not obligated to take any other action by... Be canceled if no fining issues have been approved by the association shall provide of! As a method of giving notice of a meeting called in whole in! 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