Bylaws Residential Association With Board Members In Palm Beach
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FAQ
Florida Statutes Chapter 720 require formal board meetings for most significant decisions. Making decisions through informal discussions or email chains can violate state law and invalidate board actions. Boards must operate within the scope of their authority as defined by governing documents and state law.
Homeowners Association (HOA) open meetings can be held in open sessions where all members can attend. Alternatively, HOA meetings can also be held in closed, private sessions that are not announced to the community of members.
In the State of Florida, three is the magic number. No matter the size of your association, your board must have at least three members, with the number stated in your articles of incorporation or bylaws. Your bylaws should also have provisions regarding the manner in which the board can expand.
The right to attend meetings only applies to “parcel owners” who are the “members” of the association. Residents who are not members have no right to attend board meetings and no right to attend owner meetings unless they have been named as a proxyholder, and the bylaws do not prevent non-members from holding proxies.
Location does not matter. Whether the meeting occurs at a bar, a restaurant, or even just out on the street, as long as a quorum of board members and HOA business is discussed, it technically counts as a meeting. Many board members participate in informal meetings, unknowingly or otherwise.
Further, the owners have a right to attend Board meetings (with limited exceptions) and speak on all agenda items. However, the same statutes also provide that the Directors can communicate via email but cannot vote. Communicating via email does not constitute a meeting even if all Directors are on the email chain.
In summary, condo board members in Florida may face personal liability in certain situations, contingent on the nature of the claim, liability source and available insurance coverage or indemnification.
The Florida Homeowners' Association Act, Chapter 720 of the Florida Statutes, states that amendments to “governing documents” for homeowners' associations are not effective until they are recorded in the public records of the county in which the community is located.
The Florida Homeowners' Association Act, Chapter 720 of the Florida Statutes, states that amendments to “governing documents” for homeowners' associations are not effective until they are recorded in the public records of the county in which the community is located.
