Most of an association's business is conducted at board meetings. Budgets are adopted, contracts are approved, and rules are set there. When meetings are run well, decisions hold up and owners stay informed. When they are run poorly, votes can be challenged and trust is lost. Six practices are described below, with the Florida rules that apply to each.
This article is general information and is not legal advice. The association's attorney should be consulted.
The Six Practices at a Glance
- Meetings are held on a regular schedule.
- Proper notice is posted every time.
- A specific agenda is published and followed.
- Owners are given their time to speak.
- Accurate minutes are kept.
- Order and formality are maintained.
Hold Meetings Regularly and Give Proper Notice
How often the board meets is usually set by the bylaws. For residential condominiums of more than 10 units, section 718.112(2)(c), Florida Statutes, requires the board to meet at least once each quarter, and an opportunity for owners to ask questions must be placed on the agenda at least four times a year. A fixed calendar, published at the start of the year, makes attendance easier for directors and owners.
A board meeting takes place whenever a quorum of the board gathers to conduct association business, and it must be open to the members. Under section 720.303(2) for homeowners associations and section 718.112(2)(c) for condominiums:
- Notice must be posted in a conspicuous place at least 48 hours before the meeting, except in an emergency. For condominiums, the posting must be continuous for those 48 hours.
- Written notice must be mailed, delivered, or sent electronically, and posted, at least 14 days ahead when special assessments or changes to rules on parcel or unit use will be considered.
- An assessment may not be levied unless the notice states that assessments will be considered.
Email may be used by directors to communicate, but votes may not be cast by email.
Publish an Agenda and Follow It
Under both statutes, the notice must specifically identify the agenda items. Business that was not listed should be held for the next meeting unless a true emergency exists. A typical order includes the call to order, confirmation of quorum, approval of prior minutes, reports, old business, new business, owner comments, and adjournment.
A clear agenda also keeps the meeting short. Background material should be sent to directors in advance so that meeting time is spent on decisions.
Give Owners Their Time to Speak
Members have the right to attend board meetings and to speak on designated agenda items. Reasonable written rules may be adopted on how often and how long an owner may speak, and a sign-up sheet may be used. These rules should be applied the same way to everyone.
Owners are also permitted to record meetings. The right to tape record or videotape is given to parcel owners by section 720.306(10) and to unit owners by section 718.112(2)(c), and reasonable rules on recording may be adopted.
Only narrow exceptions to the open meeting rule are allowed. Meetings with the association's attorney about proposed or pending litigation may be closed, and in homeowners associations, meetings held to discuss personnel matters may be closed as well.
Keep Accurate Minutes
Minutes of all board and member meetings must be kept in written form, or in a form that can be converted to writing within a reasonable time. In a homeowners association, the vote or abstention of each director present must be recorded for every matter voted on. Minutes are part of the official records and are open to inspection by owners. More on that subject is found in our post on
who can access HOA documents.
Minutes are not a transcript. Motions, votes, and actions taken should be recorded, and side discussion should be left out. Draft minutes should be prepared soon after the meeting and approved at the next one.
Maintain Order and Formality
A simple version of parliamentary procedure, such as Robert's Rules of Order, is used by many associations. One person speaks at a time, each motion is made and seconded, discussion is held, and a vote is taken. In homeowners associations, directors may not vote by proxy or by secret ballot at board meetings, except that a secret ballot may be used to elect officers.
A time limit should be set for the meeting, and social conversation should be saved until after adjournment. A neutral, businesslike location is preferred, such as a clubhouse meeting room. The chair's job is to keep discussion on the agenda item and to see that each director is heard. The duties of each officer are described in our post on
the role of the board of directors.
Help With Board Meetings
For communities managed by Condominium Associates, meeting notices, agendas, board packets, and minutes are prepared with the board by the community's manager. To talk about meeting support for your association,
contact us.
