16/04/2021

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Making a New Home

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

4 min read

Can a delinquent owner’s identify be bundled in the minutes? Can a board ban recordings? Need to board members’ names be recorded on how they voted?

STUART, Fla. – Question: Is it improper or illegal to identify a delinquent owner and the amount of money owed in the minutes of a meeting where by the board votes to suspend an owner’s voting rights? – B.S., Port St. Lucie

Solution: No. The minutes really should mirror adequate details to discover the property or unit and proprietor in question. This sort of as a movement stating, “I transfer that the voting rights of the owner of large amount (quantity) be suspended because of to the operator being delinquent in the payment of assessments owed to the association for additional than 90 days.” So, although it is not unlawful to name the particular person, we typically suggest you do so in the way indicated higher than.

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

Solution: Regardless of whether the vote is unanimous or not the vote of every director must generally be recorded in the minutes for every the legislation. See applicable statutes under. This is generally forgotten and the votes are recorded as “unanimous” or “two in favor, one particular against” but this is not correct.

718.111(1)(b) A director of the affiliation who is present at a assembly of its board at which action on any corporate make any difference is taken shall be presumed to have assented to the action taken unless he or she votes versus this kind of action or abstains from voting.

A director of the affiliation who abstains from voting on any motion taken on any company matter shall be presumed to have taken no situation with regard to the motion. Directors may well not vote by proxy or by magic formula ballot at board meetings, besides that officers may possibly be elected by mystery ballot. A vote or abstention for each member existing shall be recorded in the minutes.

720.303(3) Minutes – Minutes of all meetings of the members of an association and of the board of directors of an association have to be preserved in prepared type or in one more type that can be transformed into prepared form in a reasonable time. A vote or abstention from voting on each make any difference voted upon for each director present at a board meeting will have to be recorded in the minutes.

Query: Our HOA president claims that board and membership meetings can only be recorded by homeowners with the consent of the members. Is this true? – L.D., Vero Beach front

Remedy: No. Florida regulation gives any lawful attendee at the associates meeting or board conference the ideal to document the assembly. They do not will need the permission of the board or any attendees. Even so, if you are likely to document the assembly, the individual carrying out the recording should announce at the starting the meeting that they are recording it. Anyone that does not want to be recorded can depart. See law beneath for HOAs. There is a related regulation for 718 condominiums.

Florida Statute. 720.306(10) Recording – Any parcel operator might tape record or videotape meetings of the board of directors and meetings of the customers. The board of administrators of the association may perhaps undertake affordable policies governing the taping of meetings of the board and the membership.

Query: Do HOA and condominium assembly “participation rules” have to have a vote of the homeowners or can they be recognized by the board or assets professionals, or PM, and published to the membership? – K.E., Jensen Beach front

Answer: Normally, unless of course your governing files have extremely unique provisions, the participation procedures do not need to be authorised by a vote of the associates, just the board of directors. The home supervisor could draft them, but the board has to approve them. Your association legal counsel should really also critique the guidelines just before they are adopted.

Richard D. DeBoest II, Esq., is co-founder and shareholder of the Legislation company Goede, Adamczyk, DeBoest & Cross, PLLC. The details supplied herein is for informational purposes only and must not be construed as lawful tips.

The publication of this article does not make an attorney-customer relationship in between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our lawyers. Visitors need to not act or chorus from acting dependent upon the information contained in this write-up without to start with making contact with an legal professional, if you have queries about any of the issues raised herein. The choosing of an legal professional is a determination that should really not be centered solely on commercials or this column.

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