Q: My condominium association is mostly composed of seasonal owners and every member of the board leaves town for the summer. At the last board meeting, the board announced that it intends to post notice of upcoming board meetings over the summer on the condominium property but that all of the board members will be attending the meeting by conference call. While we have a speakerphone in our meeting room, the owners are being told they cannot call into the conference call but have to attend the meeting in the office. Aren’t seasonal owners also entitled to call into the board meeting, as well? (F.W. via e-mail)
A: No. The Florida Condominium Act requires that board meetings be properly noticed. Other than certain specific board meetings, such as board meetings to levy assessments or adopt rules regarding unit use, the notice must only be posted at least 48 hours before the meeting on the condominium property. Further, owners are entitled to attend meetings and may speak at the meeting as to all designated agenda items.
The statute contemplates that the meetings will take place at a specific location and that notice of that meeting need only be posted on the condominium property. The statute provides that board members may participate in a meeting via telephone, video conferencing or similar real-time electronic or video communication, and such participation counts towards the quorum. Board members participating by remove means may vote as if they were physically present in the room. The Condominium Act does not mention unit owners attending board meetings through remote means.
While the board can allow board members to participate or remote means, there is no legal requirement to do so. I am aware of a few associations which allow owners to call into board meetings, but it is certainly not the norm.
Q: As a member of a homeowners’ association, do I have a right to review the association’s contract with its manager? I am curious to know the terms. (D.L. via e-mail)
A: Yes. You are legally entitled to inspect the management agreement, if you make a written request to inspect the association’s official records.
Included on the list of official records that homeowners’ associations are required to maintain under the “a current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility.”
While the statute provides that certain “personnel records” of association or management company employees are not subject to owner inspection, such as disciplinary and health records, this prohibition does not include written employment agreements between the association and its management company. Further, agreements between the association and its employees are also not included within “personnel records.”
The Florida Condominium Act contains similar provisions relating to official records.
Q: Does the upcoming change to the Florida Cooperative Act mentioned in your previous article about keeping minutes apply to future minutes only, or all minutes? (H.A. via e-mail)
A: You are referring to the amendment to Section 719.104(2)(a)4. of the Florida Cooperative Act. The current law requires cooperative associations to maintain minutes for a period of seven years. The law effective July 1, 2018 will require minutes to be retained perpetually.
In my opinion, if the association has destroyed minutes that are over seven years old, it is not a violation of the current law (though in my opinion, it is generally not a good idea). However, as of July 1, you will be obligated to retain all minutes the association has in its possession, even if over seven years old, and will be obligated going forward to maintain all minutes as part of the official records, regardless of age.
Written by Joe Adams and originally posted to the FL Condo HOA Law Blog