Legal Q&A: What Are Illegal Condo Board Activities?

Can a delinquent owner’s title be provided in the minutes? Can a board ban recordings? Ought to board members’ names be recorded on how they voted?

STUART, Fla. – Concern: Is it inappropriate or illegal to title a delinquent operator and the amount owed in the minutes of a conference in which the board votes to suspend an owner’s voting rights? – B.S., Port St. Lucie

Response: No. The minutes need to mirror more than enough info to discover the home or unit and proprietor in concern. This kind of as a motion stating, “I go that the voting rights of the operator of good deal (amount) be suspended owing to the proprietor staying delinquent in the payment of assessments owed to the association for far more than 90 times.” So, even though it is not illegal to name the human being, we normally advocate you do so in the manner indicated above.

Question: In the absence of a unanimous board vote – on any subject – are the names of the directors voting “aye” and “nay” to be recorded in the minutes? – J.J., Stuart

Answer: Whether the vote is unanimous or not the vote of each individual director really should constantly be recorded in the minutes for each the law. See applicable statutes underneath. This is commonly overlooked and the votes are recorded as “unanimous” or “two in favor, 1 against” but this is not right.

718.111(1)(b) A director of the association who is existing at a meeting of its board at which motion on any corporate issue is taken shall be presumed to have assented to the action taken unless of course he or she votes against these types of motion or abstains from voting.

A director of the association who abstains from voting on any motion taken on any company matter shall be presumed to have taken no placement with regard to the action. Directors may perhaps not vote by proxy or by key ballot at board meetings, apart from that officers could be elected by solution ballot. A vote or abstention for every member existing shall be recorded in the minutes.

720.303(3) Minutes – Minutes of all meetings of the customers of an association and of the board of directors of an association will have to be maintained in created type or in an additional sort that can be converted into penned sort in a sensible time. A vote or abstention from voting on each make a difference voted upon for each director existing at a board conference have to be recorded in the minutes.

Problem: Our HOA president says that board and membership meetings can only be recorded by proprietors with the consent of the participants. Is this accurate? – L.D., Vero Seashore

Response: No. Florida legislation presents any lawful attendee at the customers assembly or board conference the suitable to history the meeting. They do not have to have the authorization of the board or any attendees. On the other hand, if you are going to file the conference, the individual doing the recording should really announce at the starting the assembly that they are recording it. Anybody that does not want to be recorded can leave. See law underneath for HOAs. There is a equivalent regulation for 718 condominiums.

Florida Statute. 720.306(10) Recording – Any parcel proprietor may possibly tape record or videotape meetings of the board of directors and meetings of the users. The board of directors of the association might undertake acceptable rules governing the taping of meetings of the board and the membership.

Dilemma: Do HOA and condominium meeting “participation rules” have to have a vote of the owners or can they be proven by the board or property professionals, or PM, and posted to the membership? – K.E., Jensen Beach

Respond to: Usually, except if your governing paperwork include extremely unique provisions, the participation policies do not need to be permitted by a vote of the users, just the board of administrators. The home manager could draft them, but the board has to approve them. Your association lawful counsel should really also evaluate the principles before they are adopted.

Richard D. DeBoest II, Esq., is co-founder and shareholder of the Legislation company Goede, Adamczyk, DeBoest & Cross, PLLC. The data supplied herein is for informational needs only and should not be construed as authorized assistance.

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