The financial statements shall be based upon the associations total annual revenues, as follows: An association with total annual revenues of $150,000 or more, but less than $300,000, shall prepare compiled financial statements. See. Many of the provisions of the HOA laws are the same or similar to co-ops and condominiums. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. When the governing documents, including the declaration, articles of incorporation, or bylaws, provide that only a specific class of members is entitled to elect a board director or directors, only that class of members may vote to recall those board directors so elected. For purposes of this section, a change in quorum requirements is not an alteration of voting interests. Notwithstanding this paragraph, the following records are not accessible to members or parcel owners: Any record protected by the lawyer-client privilege as described in s. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel. HOMEOWNERS' ASSOCIATIONS. 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. OWNERS MAY ELECT TO PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6), FLORIDA STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A MEETING OR BY WRITTEN CONSENT. With BuildingBoard, your members and directors can remotely attend live board meetings and member meetings. Some of the questions I get on that issue are as follows: Are committee meetings always open to unit owners? Javascript must be enabled for site search. If the association maintains a pooled account of two or more of the required reserve assets, the amount of the contribution to the pooled reserve account as disclosed on the proposed budget may not be less than that required to ensure that the balance on hand at the beginning of the period the budget will go into effect plus the projected annual cash inflows over the remaining estimated useful life of all of the assets that make up the reserve pool are equal to or greater than the projected annual cash outflows over the remaining estimated useful lives of all the assets that make up the reserve pool, based on the current reserve analysis. The Florida Homeowners Association Act, Fla. Stat. 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. This subparagraph applies to all mortgages, regardless of the date of recordation of the mortgage. The budget must reflect the estimated revenues and expenses for that year and the estimated surplus or deficit as of the end of the current year. HOA board meetings are subject to the requirements contained within the Open Meeting Act. Some of the more significant requirements are those which require the board to take action only at a properly noticed board meeting, and to allow the associations members to attend open board meetings. All requirements under the code section must be met for electronic voting to be valid. However, upon review and reflection, I think thats just too fine a line to draw. For Associations that have active involvement from their owners, its usually a good idea for the board to delegate the fact-finding and non-policy decisions (i.e. Prior to turnover of control of an association by a developer to parcel owners, the developer-controlled association shall not vote to use reserves for purposes other than those for which they were intended without the approval of a majority of all nondeveloper voting interests voting in person or by limited proxy at a duly called meeting of the association. 2014-133; s. 7, ch. As to mortgages recorded before July 1, 2013, any existing provisions in the associations governing documents requiring mortgagee consent are enforceable. Notwithstanding this general notice requirement, for communities with more than 100 members, the association bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice, provision of a schedule of board meetings, or the conspicuous posting and repeated broadcasting of the notice on a closed-circuit cable television system serving the homeowners association. See governing documents for current text. An amendment to a governing document is effective when recorded in the public records of the county in which the community is located. Namely, meetings of the board or an association committee at which the associations attorney is participating for the purpose of rendering advice upon proposed or pending litigation are not required to be open to association members. A copy of the declaration of covenants and a copy of each amendment thereto. 2014-209; s. 18, ch. After one or more reserve accounts are established, the membership of the association, upon a majority vote at a meeting at which a quorum is present, may provide for no reserves or less reserves than required by this section. The operation of the association is governed by the bylaws and the articles of incorporation. 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. 2023 www.naplesnews.com. BuildingBoard is easy to use, convenient, and avoids problems reaching quorums. Similarly, board meetings held to discuss personnel matters are also not required to be open to association members. A:There are a number of issues to discuss here. An action to void an amendment is subject to the statute of limitations beginning 5 years after the date of discovery as to the amendments described in subparagraph 1. and 5 years after the date of recordation of the certificate of amendment for all other amendments. Make sure that a quorum of directors does not attend a committee meeting. One way that association activities are made transparent is Thus, the short answer is that the condominium board may have very broad rights or very narrow rights, but the exact answer would require an interpretation of your condominium documents. Then, they can attend the meeting and submit votes electronically through our system. It effectively gives the board a clean slate moving forward so that it can enforce future violations without the fear of owners pointing to prior violations as a selective enforcement defense. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition. 720.301, et. If a vacancy occurs on the board as a result of a recall and less than a majority of the board directors are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection or in the association documents. 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. Disclaimer: The information on this system is unverified. Your members vote via their smartphone or computer.Are you ready to simply your annual meetings? HOAs in Florida are subject to the Homeowners Association Act. Furthermore, the Division of Florida Condominiums has adopted rules regarding recording condominium association meetings (found in Fla. Admin. The HOA, co-op, and condominium acts do not provide for remote meetings. The law specifically applies to not-for-profit organizations operating residential homeowners associations in Florida. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Audited financial statements if the association is otherwise required to prepare reviewed financial statements. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. Editors note: Attorneys at Goede, Adamczyk, DeBoest & Cross respond to questions about Florida community association law. Specifically, Florida Statutes section 718.112 provides that meetings of a committee . Meetings of a committee to take final action on behalf of the board or to make recommendations to the board regarding the associations budget must comply fully with the notice requirements established for meetings of the board. Florida Statute 286.011, the Government-in-the-Sunshine Law, requires that all meetings of state or local governmental boards or commissions be open to the public unless there is a specific statutory exemption. An immaterial error or omission in the amendment process does not invalidate an otherwise properly adopted amendment. Our understanding is that this will require some significant construction work on the lanai. Committee Condominiums are subject to the provisions of the Florida Condominium Act. Yes, there is a legislative amendment that requires a website for some condominiums, but it is important to note that it only currently applies to larger condominiums with more than 150 units. Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. 2007-173; s. 25, ch. An owner may consent in writing to the disclosure of other contact information described in this subparagraph. Committee Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. 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. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Once the association has identified the recorded mortgages of record, the association shall, in writing, request of each parcel owner whose parcel is encumbered by a mortgage of record any information that the owner has in his or her possession regarding the name and address of the person to whom mortgage payments are currently being made. 2015-97; s. 15, ch. If vacancies occur on the board as a result of a recall and a majority or more of the board directors are removed, the vacancies shall be filled by members voting in favor of the recall; if removal is at a meeting, any vacancies shall be filled by the members at the meeting. Schedule your meeting, invite members via email, and conduct the vote on the day of the meeting. The minutes of the board meeting at which the board decides whether to certify the recall are an official association record. The total estimated deferred maintenance expense or estimated replacement cost of the reserve component less the estimated balance of the reserve component as of the beginning of the period the budget will be in effect. 2. Section 61B-23.001(1)(a), Florida Administrative Code, states that a meeting of the board of administration means any gathering of the members of the board of directors, at which a quorum of the members is present, for the purpose of conducting association business. At first, I thought if a director attends a committee meeting as an owner and not a director that they wouldnt be counted toward this requirement. Copyright 2000- 2023 State of Florida. This means that the ARC must post a notice at least 48 hours prior to the meeting with the date, time and location of the committee meeting and that the membership must be permitted to attend the meetings. Publications, Help Searching Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. 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. All association funds held by a developer shall be maintained separately in the associations name. The appellate panel agreed with Gillis that the fine was imposed without meeting the requirements of the associations own governing declaration nor Florida law. Specifically, Florida Statutes Section 720.303 reads, "the provisions of this subsection (related to open board meetings)shall also apply to the meetings of any committee or other similar body . Meetings of committees that do not take final action on behalf of the board or make budget recommendations to the board may be exempt from these formal notice requirements when the bylaws of the association permit such exemptions. The association may adjust replacement reserve assessments annually to take into account any changes in estimates of cost or useful life of a reserve item. 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. R.D., Marco Island. Some of the provisions of the Act that apply to annual meetings include, but are not limited to: Electronic voting is permitted if a member consents in writing and all requirements under the code are met. All board meetings must be properly noticed and open to the members, with the only exceptions being: The HOA statute states in reference to the requirement for open board meetings, The provisions of this subsection shall also apply to the meetings of any committee or other The first step would be to review the declaration and determine whether the lanai is part of the unit or a limited common element. Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association. If the board fails to duly notice and hold the required meeting or fails to file the required petition, the unit owner representative may file a petition pursuant to s. If a director who is removed fails to relinquish his or her office or turn over records as required under this section, the circuit court in the county where the association maintains its principal office may, upon the petition of the association, summarily order the director to relinquish his or her office and turn over all association records upon application of the association. The approval action of the membership must state that reserve accounts shall be provided for in the budget and must designate the components for which the reserve accounts are to be established. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. The copies and notice described in this paragraph may be provided electronically to those owners who previously consented to receive notice electronically. 2004-353; s. 135, ch. Q:An owner in our condominium is requesting to enclose his lanai with glass to create an air-conditioned living space. If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of members, and the notice shall state the purpose of the meeting. 2003-14; s. 3, ch. 2003-79; s. 22, ch. Notice shall be sent to such person if the address provided in the original recorded mortgage document is different from the name and address of the mortgagee or assignee of the mortgage as shown by the public record. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request. Without a quorum, you cannot elect board members or officers nor transact any association business that requires a member vote. 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. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place. Can Homeowners Association Board Restrict Fences? A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. 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. Whether or not there is a quorum of directors in attendance does not change the notice requirements or the fact that the meeting is open to the owners (with the limited exceptions provided above). District Maps. One common solution is having the board adopt a resolution at a special board meeting to strictly enforce the condominium documents prospectively. One of the questions is often whether there are known violations of the condominium documents. Thus, it is possible that your governing documents require the membership to vote when the board wants to change something, but it is also possible in the documents that only the board approves an owner-requested material alteration. The division may not accept for filing a recall petition, whether filed pursuant to paragraph (b), paragraph (c), paragraph (g), or paragraph (k) and regardless of whether the recall was certified, when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have not elapsed since the election of the board member sought to be recalled. , upon review and reflection, I think thats just too fine a line draw. Meetings always open to unit owners omission in the amendment process does attend! 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