July 2026 Board Newsletter: The Legal Foundation of Effective Board Meetings

Dear Board Member,

Last month, we focused on one of the board's most important responsibilities— financial oversight. Before boards can make sound financial decisions, they must first understand how those decisions are legally made. That is the focus of this month's newsletter.

Whether you serve on the board of a homeowners' association governed by Chapter 720 or a condominium association governed by Chapter 718, the BOARD MEETING is the foundation of effective governance. It is where the board exercises its authority, fulfills its fiduciary responsibilities, conducts the official business of the association, and demonstrates its commitment to transparency and accountability.

This month's feature articles examine the statutory framework governing board meetings under both Chapters 718 and 720, highlighting not only what the law requires, but why those requirements exist. Our goal is to help board members move beyond simply complying with the statute and toward understanding the principles of sound governance that support effective board leadership.

Next month, we'll continue this discussion by shifting our focus from board meetings to membership meetings and elections.

Thank you for your continued commitment to serving your communities as professionals.

I hope this month's newsletter provides practical guidance that helps you lead with confidence and provides a heightened understanding of the responsibilities of an association director.

Be well.

Doug

Upcoming Online Board Education Events

Individual Registration is required for all courses*.

New Homeowners' Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Homeowners' Association Board

Members Subject to Florida Statute 720.

July 8, 2026 1:00PM - 5:00PM

Registration Link for the July 8, 2026, Homeowners Association Course

New Condominium Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Condominium Association Board

Members Subject to Florida Statute 718

July 15, 2026 1:00PM - 5:00PM

Registration Link for the July 15, 2026, Condominium Course

Additional July dates and programs are in the works and will be sent via email once they are scheduled.

Would Your Condominium Board Meeting Fail a Compliance Review?

Eight recent statutory changes that every condominium board should integrate into Board Meetings.

Board Members may attend Board Meetings via video conference, but a physical location must also be available for attendees. F.S. 718.112(2)(b)5 and 718.103(33).
Video Meeting Notices must include: A hyperlink to the meeting; A conference telephone number; The physical meeting location where owners may attend in person. F.S. 718.112(2)(c)1.
Every Board Meeting conducted by video conference must be recorded. Those recordings are now official records of the association and must be retained for at least one year. F.S. 718.103(33) and 718.111(12).
Associations required to maintain a website pursuant to F.S. 718.111(12)(g) must now post: Approved board meeting minutes for the previous 12 months; and Video recordings, or hyperlinks to those recordings, for video conference meetings conducted during the previous 12 months. F.S. 718.111(12)(g)2.e. and 2.f.
Required Board Meeting records must be uploaded to the website within 30 days after they are received or created unless a shorter deadline applies. F.S. 718.111(12)(g).
Owners must be allowed to speak on any association matter at a Board Meeting at least four times each year. This is in addition to their right to speak on all agenda items at any Board Meeting. F.S. 718.112(2)(c).
When the board intends to approve a contract for goods or services, the contract must accompany the meeting notice and be available for inspection upon written request or through the association's website or mobile application. F.S. 718.112(2)(c)1.
The 115% Budget Process has changed. When proposed assessments exceed the statutory 115 percent threshold, the association must now simultaneously prepare and present a substitute budget that excludes discretionary expenditures for approval by the membership. F.S. 718.112(2)(e).

Condominium Board Meetings: Understanding the Statutory Responsibilities of Florida Condominium Directors

By Doug Jenkins

Every significant decision a condominium board makes—from approving contracts and budgets to authorizing repairs, adopting policies, and planning for the future—becomes legally effective only through official board action. Understanding how that authority is exercised is fundamental to effective board governance.

Every condominium association organized under Chapter 718, Florida Statutes, is governed by a board of administration that serves as the governing body of the association. While directors are elected by the unit owners, they exercise their authority collectively—not individually—and only through actions authorized by law, the governing documents, and official board action.

Because condominium associations are organized as Florida not-for-profit corporations, boards operate under both the Condominium Act (Chapter 718, Florida Statutes) and the Florida Not For Profit Corporation Act (Chapter 617, Florida Statutes). Together, these statutes establish both the corporate authority of the board and the procedures through which that authority must be exercised.

A board meeting is far more than a scheduled gathering of directors. It is the statutory mechanism through which the board exercises its corporate authority, fulfills its fiduciary responsibilities, and conducts the official business of the association. Every official action taken by the association ultimately traces back to a properly conducted board meeting.

Understanding these statutory requirements is essential for every condominium director.

Board Authority Is Exercised Through Official Meetings

A condominium association acts through its board of administration, and the board acts collectively—not through the independent actions of individual directors. Individual board members may investigate issues, communicate with management, and prepare for upcoming meetings, but they possess no independent authority to bind the association unless specifically authorized by the board or the governing documents.

Section 718.112(2)(c), Florida Statutes, provides that meetings of the board must be open to all unit owners except for meetings between the board and the association’s attorney concerning proposed or pending litigation and meetings held to discuss personnel matters.

Virtually every significant governance decision—including approving contracts, authorizing repairs, adopting policies, approving budgets, levying special assessments, reviewing reserve expenditures, enforcing the governing documents, and overseeing the maintenance and operation of the condominium—must be approved through official board action taken during a properly noticed meeting.

This statutory framework reflects one of the fundamental principles of condominium governance: directors exercise their authority collectively, and owners are entitled to observe that decision-making process.

Fiduciary Responsibility Begins with Following the Law

Serving on a condominium board carries significant fiduciary responsibilities.

Section 718.112(2)(d), Florida Statutes, requires newly elected directors to complete statutory board member education and recognizes that directors serve in a fiduciary capacity on behalf of the association.

Fiduciary responsibility extends beyond making sound business decisions. It also requires directors to conduct association business in accordance with applicable statutes, the declaration, bylaws, articles of incorporation, and the association’s corporate responsibilities. Even decisions that are well-intentioned may expose the association to unnecessary legal challenges if statutory meeting requirements are not followed.

For that reason, procedural compliance should never be viewed as a technicality. It is an essential component of responsible condominium governance.

Compliance with Notice Requirements Is Mandatory

Florida law establishes minimum notice requirements that must be satisfied before the board conducts association business.

Section 718.112(2)(c), Florida Statutes, requires notice of most board meetings to be conspicuously posted on the condominium property for at least 48 continuous hours before the meeting. Associations required to maintain a website pursuant to Section 718.111(12)(g) must also post the meeting notice on the association website for the same period.

These notice requirements exist to ensure that unit owners receive meaningful advance notice of the board’s meetings and have an opportunity to observe the governance process.

Certain board actions require substantially greater notice because of their potential financial or governance impact. Meetings at which the board will consider a special assessment or adopt or amend rules regarding unit use require at least 14 days’ mailed, hand-delivered, or electronically transmitted notice to every unit owner together with conspicuous posting on the condominium property. Associations required to maintain a website must also post the notice and supporting materials online for the same fourteen-day period.

Budget meetings are also subject to enhanced statutory notice requirements. Pursuant to Section 718.112(2)(e), Florida Statutes, the proposed annual budget must accompany the notice provided to unit owners, allowing owners sufficient opportunity to review the association’s financial plan before board consideration.

These notice requirements are more than administrative formalities—they are statutory prerequisites designed to protect owner rights, promote transparency, and preserve the validity of board actions.

The Agenda Defines the Business Before the Board

Agenda descriptions should clearly identify the business the board intends to conduct. Vague agenda headings such as "New Business" provide little information to owners regarding matters that may significantly affect the operation or finances of the association.

Instead, agenda items should specifically identify proposed board actions, such as:

Approval of the Landscape Maintenance Contract
Authorization of Roof Replacement Project
Adoption of the Annual Budget
Consideration of Proposed Rule Amendments
Approval of Engineering Contract

Pursuant to Section 718.112(2)(c), Florida Statutes, when the board will consider a contract for the purchase, lease, or rental of materials or equipment, or for the provision of services, a copy of the contract must accompany the meeting notice and be made available for inspection by unit owners upon written request or through the association's website or mobile application, when applicable.

Providing meaningful agendas and supporting documentation allows owners to better understand the issues before the board and promotes informed participation during meetings.

Unit Owners Have Significant Participation Rights

Transparency is one of the cornerstones of Florida condominium law.

Section 718.112(2)(c), Florida Statutes, provides that unit owners have the right to attend board meetings and to speak on all designated agenda items before the board votes on those matters.

Boards may adopt reasonable written rules governing owner participation, including reasonable time limits, speaker registration procedures, and standards of decorum. Those rules, however, may not eliminate or materially impair the statutory right of owners to address the board before official action is taken.

One of the most significant recent legislative changes expanded owner participation rights even further. Effective July 1, 2024, condominium boards must provide owners with the opportunity to speak on any matter relating to the association at least four board meetings each year. Many associations satisfy this requirement by scheduling an “Open Owner Forum” during the one board meeting required each calendar quarter.

Although owners have the statutory right to speak before the board acts on designated agenda items, the board is not required to engage in debate or immediately respond to every issue raised during the meeting.

Video Conference Meetings Modernize Board Governance

One of the most significant governance changes enacted by the Legislature through HB 913 was the formal recognition of video conference board meetings.

Section 718.103(33), Florida Statutes, now defines a video conference as a real-time audio and video meeting between persons in different locations using video-enabled technology.

When conducting a video conference meeting, the meeting notice must include the video conference hyperlink, the telephone call-in number, and the physical meeting location where owners may attend in person.

Directors participating electronically count toward establishing a quorum and may vote as though physically present, provided all statutory requirements are satisfied.

Equally important, every board meeting conducted by video conference must be recorded. These recordings become part of the association’s official records and represent another significant step toward increasing transparency in condominium governance.

Meeting Minutes and Video Recordings Become Official Records

Board meetings generate more than decisions—they create the association’s official governance record.

Sections 718.111(12) and 718.112(2)(c), Florida Statutes, require associations to maintain written minutes of board meetings as part of the official records.

Minutes should accurately document the board’s official actions, including motions, voting results, and the decisions made by the board. As a matter of sound governance, minutes generally also document the meeting date, time, location, directors present, confirmation of quorum, approval of previous minutes, and adjournment.

For meetings conducted by video conference, the recording itself also becomes an official record and must be maintained for at least one year. Associations required to maintain a website must also post approved board meeting minutes for the preceding twelve months together with the video recording, or a hyperlink to the recording, when applicable.

Maintaining complete and accurate meeting records preserves the legal history of the association while promoting transparency and continuity for future boards.

Effective Board Meetings Reflect Effective Governance

Board meetings are the legal mechanism through which a condominium board exercises its corporate authority. Every notice posted, agenda prepared, owner comment received, motion made, vote recorded, minute approved, and—where applicable—video recording preserved becomes part of the association’s governance record.

Compliance with Chapter 718 is not simply about satisfying procedural requirements. It demonstrates that the board is exercising its fiduciary responsibilities in a transparent, accountable, and legally compliant manner. Boards that consistently follow the statutory meeting requirements strengthen owner confidence, reduce the likelihood of procedural disputes, and reinforce the integrity of the association’s governance process.

HOA Board Meetings: Understanding the Statutory Responsibilities of Florida HOA Directors

By Doug Jenkins

Every homeowners' association organized under Chapter 720, Florida Statutes, is governed by a board of

directors that serves as the governing body of the association. While directors are elected by the membership,

they exercise their authority collectively—not individually—and only through actions authorized by law, the

governing documents, and official board action.

Because most homeowners' associations are organized as Florida not-for-profit corporations, boards operate

under both the Homeowners' Association Act (Chapter 720, Florida Statutes) and the Florida Not For Profit

Corporation Act (Chapter 617, Florida Statutes). These statutes establish both the corporate authority of the

board and the procedures through which that authority must be exercised.

A board meeting is therefore much more than a scheduled gathering of directors. It is the statutory mechanism

through which the board fulfills its fiduciary responsibilities, exercises corporate authority, and conducts the

official business of the association.

Understanding these statutory requirements is essential for every director.

Board Meetings Are the Board's Legal Authority in Action

Unlike individual directors, who possess no independent authority to bind the association, the board acts only

as a corporate body.

Section 720.303(2)(a), Florida Statutes, provides that meetings of the board occur whenever a quorum of

directors gathers to conduct association business. With limited statutory exceptions, including meetings with the association's attorney regarding proposed or pending litigation and meetings concerning personnel matters, board meetings must be open to the members.

This statutory framework reinforces an important governance principle: decisions affecting the community are to be made collectively, openly, and transparently.

Accordingly, actions such as approving contracts, authorizing expenditures, adopting policies, enforcing the governing documents, reviewing financial reports, approving reserve expenditures, and overseeing the maintenance and operation of the association must be accomplished through official board action taken during a properly noticed meeting.

Board members often spend considerable time discussing issues outside of meetings. While those conversations may help directors prepare for future decisions, the association itself is governed only through formal action taken by the board during a meeting conducted in accordance with Chapter 720.

Fiduciary Responsibility Begins with Following the Law

Directors owe fiduciary duties to the association and its members.

Section 720.3033, Florida Statutes, requires newly elected directors to satisfy statutory education requirements and expressly recognizes the fiduciary responsibilities associated with serving on the board.

Fiduciary responsibility extends beyond making sound business decisions. It includes conducting association business in accordance with applicable statutes, the governing documents, and the board's corporate responsibilities. Even well-intentioned decisions may expose the association to unnecessary legal challenges if statutory meeting requirements are not followed.

For that reason, procedural compliance should never be viewed as a technicality. It is an essential component

of responsible governance.

Compliance with Notice Requirements Is Mandatory

Florida law establishes minimum notice requirements that must be satisfied before the board conducts

association business.

Section 720.303(2)(c), Florida Statutes, requires that notice of most board meetings must be posted

conspicuously within the community at least 48 hours before the meeting. If the association is required to

maintain a website pursuant to Section 720.303(4)(b), the notice must also be posted on the association's

website during the same period.

As an alternative to physical posting, the association may provide notice by mailing or delivering notice to

every member at least seven days before the meeting.

Certain meetings require additional notice. When the board will consider a special assessment or adopt or

amend rules regulating parcel use, the association must provide at least 14 days' mailed, delivered, or

electronically transmitted notice to every member while simultaneously posting the notice conspicuously

within the community. Associations required to maintain a website must also post the notice online for the

same fourteen-day period and upload the applicable meeting materials as required by statute.

These notice requirements exist to ensure that owners receive meaningful advance notice of actions that

may affect their property rights, financial obligations, or use of their homes.

Compliance is therefore not simply a procedural obligation—it is a statutory prerequisite to conducting

association business.

The Board Meeting Agenda Defines the Scope of Board Action

One of the most significant legislative changes affecting HOA governance in recent years is the statutory treatment of board meeting agendas.

Section 720.303(2)(c), Florida Statutes, now requires that the notice of every board meeting specifically identify all agenda items to be considered by the board. The statute further requires that a copy of every agenda distributed for a board meeting be maintained as part of the association's official records.

This requirement establishes more than an organizational framework—it defines the business that the board has informed the membership it intends to conduct.

Except in the event of a legitimate emergency, the board may not vote on matters that were not identified on the published agenda. Generic agenda headings such as "New Business," "Miscellaneous," or "Other Business" do not satisfy the statutory requirement to specifically identify agenda items.

Agenda descriptions should clearly identify the proposed board action—for example, Approve 2027 Landscape Maintenance Contract, Adopt Revised Collection Policy, or Authorize Clubhouse Roof Replacement Contract. Specific agenda descriptions provide owners with meaningful notice and allow them to make informed decisions about attending and participating in the meeting.

This statutory change represents one of the Legislature's strongest efforts to increase transparency in HOA

governance.

Members Have Statutory Rights to Observe and Participate

Transparency is one of the cornerstones of Florida's community association statutes.

Section 720.303(2)(b), Florida Statutes, provides that members have the right to attend all meetings of the board except those specifically exempted by law. Members also have the statutory right to speak on each designated agenda item before the board takes formal action.

The association may adopt reasonable written rules governing the frequency, duration, and manner of owner comments, including reasonable time limitations and speaker registration procedures. Those rules, however, may not eliminate or materially impair the statutory right of members to address the board before decisions are made.

The statute further provides that when at least 20 percent of the total voting interests petition the board to address a specific item of business, the board must place that item on the agenda of its next regular or special meeting occurring within 60 days after receipt of the petition. Each petitioner is entitled to speak for at least three minutes on that agenda item before board consideration.

These statutory provisions demonstrate the Legislature's intent that association governance remain transparent and responsive to the membership.

Individual Director Accountability

Board meetings also establish accountability for each individual director.

Section 720.303(3), Florida Statutes, requires the minutes to record each director's vote or abstention on every matter voted upon by the board. This requirement creates a permanent record demonstrating how each director fulfilled his or her fiduciary responsibilities.

Directors are elected individually, but decisions are made collectively. Recording each vote ensures transparency, promotes accountability, and provides owners with a clear record of how their elected representatives exercised the authority entrusted to them.

Meeting Minutes Become Official Corporate Records

Meeting minutes are much more than a summary of what occurred during a meeting. They become part of the association's permanent corporate records.

Sections 720.303(3) and 720.303(4), Florida Statutes, require associations to maintain written minutes of every board meeting as part of the association's official records.

At a minimum, the minutes must accurately document the board's official actions, including motions, voting results, and each director's vote or abstention. As a matter of sound governance, minutes generally also document the date, time, location, directors present, confirmation of quorum, approval of previous minutes, and adjournment.

Minutes should objectively document the actions of the board rather than attempt to serve as a transcript of every discussion. Personal opinions, editorial comments, or detailed debate generally do not belong in the official corporate record.

Well-prepared minutes preserve the legal history of board actions and frequently become one of the association's most valuable governance documents.

Effective Board Meetings Reflect Effective Governance

Board meetings are the legal mechanism through which an HOA board exercises its corporate authority.

Every notice posted, agenda prepared, owner comment received, motion made, vote recorded, and minute approved becomes part of the association's governance record.

Compliance with Chapter 720 is not simply about satisfying procedural requirements. It demonstrates that the board is exercising its fiduciary responsibilities in a transparent, accountable, and legally compliant manner. Boards that consistently follow the statutory meeting requirements strengthen owner confidence, reduce the likelihood of procedural disputes, and reinforce the integrity of the association's governance process.