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

Kennith Bogan

Can a delinquent owner’s name be incorporated in the minutes? Can a board ban recordings? Must board members’ names be recorded on how they voted?

STUART, Fla. – Concern: Is it poor or unlawful to title a delinquent proprietor and the total owed in the minutes of a conference exactly where the board votes to suspend an owner’s voting legal rights? – B.S., Port St. Lucie

Respond to: No. The minutes need to replicate enough facts to recognize the residence or device and operator in concern. This sort of as a motion stating, “I shift that the voting legal rights of the proprietor of large amount (range) be suspended owing to the owner being delinquent in the payment of assessments owed to the association for more than 90 times.” So, while it is not unlawful to name the individual, we frequently endorse you do so in the manner indicated earlier mentioned.

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

Solution: Whether the vote is unanimous or not the vote of just about every director must always be recorded in the minutes per the legislation. See relevant statutes down below. This is normally missed and the votes are recorded as “unanimous” or “two in favor, just one against” but this is not good.

718.111(1)(b) A director of the association who is present at a meeting of its board at which action on any corporate make any difference is taken shall be presumed to have assented to the action taken except if he or she votes versus these action or abstains from voting.

A director of the affiliation who abstains from voting on any action taken on any corporate make a difference shall be presumed to have taken no placement with regard to the motion. Directors may well not vote by proxy or by solution ballot at board conferences, except that officers might be elected by key ballot. A vote or abstention for each individual member existing shall be recorded in the minutes.

720.303(3) Minutes – Minutes of all meetings of the users of an association and of the board of directors of an association have to be taken care of in composed form or in yet another kind that can be converted into composed sort inside of a acceptable time. A vote or abstention from voting on every single issue voted on for every director current at a board meeting must be recorded in the minutes.

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

Reply: No. Florida regulation provides any lawful attendee at the associates assembly or board conference the suitable to record the conference. They do not require the authorization of the board or any attendees. Nevertheless, if you are going to report the meeting, the person executing the recording should really announce at the beginning the conference that they are recording it. Anyone that does not want to be recorded can leave. See regulation below for HOAs. There is a identical law for 718 condominiums.

Florida Statute. 720.306(10) Recording – Any parcel owner might tape report or videotape meetings of the board of directors and conferences of the users. The board of administrators of the affiliation might adopt realistic policies governing the taping of meetings of the board and the membership.

Problem: Do HOA and condominium meeting “participation rules” require a vote of the homeowners or can they be established by the board or residence managers, or PM, and published to the membership? – K.E., Jensen Seashore

Solution: Typically, unless your governing documents include quite one of a kind provisions, the participation procedures do not need to have to be approved by a vote of the users, just the board of directors. The home manager could draft them, but the board has to approve them. Your association legal counsel should also evaluate the rules before they are adopted.

Richard D. DeBoest II, Esq., is co-founder and shareholder of the Regulation agency Goede, Adamczyk, DeBoest & Cross, PLLC. The info supplied herein is for informational applications only and must not be construed as legal assistance.

The publication of this article does not generate an attorney-shopper relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys. Visitors must not act or refrain from performing centered on the information and facts contained in this posting without the need of 1st getting in touch with an legal professional, if you have concerns about any of the troubles lifted herein. The hiring of an legal professional is a determination that should really not be primarily based solely on commercials or this column.

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