can my attorney attend the how election meeting in florida

What are the legal requirements for board meetings in Florida?

Jun 09, 2021 · Florida HOA Lawyer Blog — Meetings and Elections Category — Florida HOA Lawyer Blog. ... Be specific about who can attend – The association should establish rules determining who can participate in advance of the meeting. ... sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client ...

Is notice required for HOA board meetings in Florida?

Jun 16, 2019 · A: Yes. Section 720.303 (2) of the Florida Homeowners’ Association Act contains the legal requirements for board meetings. The statue requires that notice of all regular board meetings be posted in the community at least 48 hours in advance of the meeting. Additionally, members have the right to attend all board meetings, and speak to all ...

Can a member of the Board of administration vote via email?

Jul 18, 2019 · When a group of homeowners challenged this through the filing of a Petition for Mediation with the State of Florida as required by statute, this group with the support of its attorney a) refused to allow people to speak in a public meeting, b) threatened to sue the petitioners for $3,500,000 causing many petitioners to have their name removed ...

Do I have to post a notice of a board meeting?

Proxies and Proxy Voting at Membership Meetings. Our attorneys get lots of questions about proxies and proxy voting. And that’s understandable, as proxy issues at meetings can get very confusing. A proxy is similar to a power of attorney as could be used to open a bank account or sell a car for another person.

Who can attend HOA meetings in Florida?

ownersGenerally, owners, or owners and residents are the only people allowed to participate in such meetings. Counsel for an owner is likewise permitted to attend.Jun 21, 2019

What is the minimum number of persons required on the board of directors in Florida?

Unless otherwise provided in the bylaws, the board of directors shall be composed of five members.

Can HOA board members be paid in Florida?

Section 720.303(12) of the Florida Homeowners' Association Act generally prohibits directors and officers from directly receiving a salary, compensation, or other financial benefit.Dec 7, 2020

How many board members should your HOA have in Florida?

three membersIn 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.Jan 17, 2020

Who appoints the board members in Florida?

the GovernorBoard members are appointed by the Governor and subject to confirmation by the Senate. Members of the board can serve two four-year terms.

How are board members selected?

In most legal systems, the appointment and removal of directors is voted upon by the shareholders in general meeting or through a proxy statement. For publicly traded companies in the U.S., the directors which are available to vote on are largely selected by either the board as a whole or a nominating committee.

Can HOA board members meet in private in Florida?

Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board meeting (where unit owners are not permitted to attend) in two situations.Oct 23, 2018

How long can a board member serve in Florida?

eight consecutive yearsAmendments to the Florida Condominium Act enacted in 2018 provide that association board members may not serve more than eight consecutive years, unless they are elected by more than two-thirds of the voting membership or there are not enough eligible candidates to fill the board vacancies at the time of the election.Mar 3, 2021

Can you refuse to join a homeowners association?

Generally speaking, there is no way around it. Membership must be taken seriously, rules must be followed, and dues must be paid. If you buy a home in a neighborhood that already has an established HOA, you must join as a condition of purchasing the new home.Sep 9, 2021

Does HOA have to disclose who filed complaint?

Do I have a right to know the names of the people who lodged the complaints? A: You can ask, but they are not required to tell you. Some HOAs will take anonymous complaints.Jul 23, 2021

What is a 720 HOA in Florida?

Chapter 720 of the Florida Statutes, also known as the Homeowners' Association Act, is a chapter of law that governs certain types of homeowners' associations in the State of Florida.

Can I sue my HOA for harassment?

Yes, you can generally sue your HOA in small claims court if the dispute is for $10,000 or less. It is quite common to take dispute resolution to the small claims court of your state. You will have to pay filing fees and may need to represent yourself, though some attorneys will represent you for a fee.Apr 6, 2013

Where do you have to hold an annual meeting of the unit owners?

An annual meeting of the unit owners must be held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting must be held within 45 miles of the condominium property.

When may bylaws be amended?

If the bylaws fail to provide a method of amendment, the bylaws may be amended if the amendment is approved by the owners of not less than two-thirds of the voting interests. 2.

How many times must a condominium notice be broadcast?

However, if broadcast notice is used in lieu of a notice posted physically on the condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section.

How long does it take to respond to a condominium inquiry?

When a unit owner of a residential condominium files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days after receipt of the inquiry.

What is a budget meeting?

1. Any meeting at which a proposed annual budget of an association will be considered by the board or unit owners shall be open to all unit owners.

What is the form of administration of an association?

The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards.

Does distance requirement apply to timeshares?

However, such distance requirement does not apply to an association governing a timeshare condominium. 2. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director’s term must be filled by electing a new board member, and the election must be by secret ballot.

Who sets up committees?

Setting up committees is the responsibility of an association’s board of directors. The board must appoint the members of each committee at a properly noticed board meeting, during which the directors should provide instructions and set parameters for the scope of the committees’ responsibilities.

What is the third degree felony in Marco Island?

Recent news reports chronicle the tale of a former Marco Island city council member who was charged with three counts of forgery of a ballot envelope and three counts of criminal use of personal identification information, which is third-degree felony, in his condominium association’s annual board of directors election.

What documents must be included in a condominium?

These must include the declaration of condominium, bylaws, articles of incorporation, rules and regulations of the association, as well as all executory contracts or documents to which the association is a party, or under which the association or unit owners have an obligation or responsibility.

Who is Siegfried Rivera?

Siegfried Rivera. An article authored by the firm’s Nicole R. Kurtz was featured as the guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.

Do community associations have committees?

Not enough community association boards make effective use of committees. Committees can be very useful when it comes to providing recommendations to the board and assisting the board with carrying out its duties and responsibilities. However, many associations do not take the time to establish committees or set parameters for their work so that committees may assist in the operation of the association.

How far in advance should you post a board meeting notice in Florida?

The statue requires that notice of all regular board meetings be posted in the community at least 48 hours in advance of the meeting.

What is the catch all provision in Florida?

Section 720.303 (4) (1) of the Florida Homeowners’ Association Act contains a “catch all” provision that says “all other written records of the association” are part of the “official records.”.

What happens if a written complaint is made between a parcel owner and a board or architectural review committee member

If a written complaint between a parcel owner and a board or architectural review committee member contains personal identifying information that is protected by the statute, the homeowners’ association should redact that information before making it available to a parcel owner for inspection or copying.

What records are exempt from owner inspection?

Records exempt from owner inspection rights include attorney-client privileged information, information obtained in connection with the approval of a sale or lease, certain personnel records of the homeowners’ association’s employees or management company employees, medical records and protected personal information.

Is a board meeting open to owners?

There are two exceptions to the requirement that meetings be open to owners. The first exception is when the board is meeting to discuss personnel matters. The second exception involves meetings with the association’s attorney with respect to proposed or pending litigation. These meetings may be closed to the members.

Is there a liability for a parcel owner in a written complaint?

However, the statute states that there is no liability to the association in the event of an inadvertent disclosure if the protected information was included in the written complaint by the parcel owner. Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers.

Why do cities and counties promote PUDs?

Cities and counties promote PUDs because these types of communities relieve these local governments from having to provide expensive infrastructure (i.e., roads, utilities, etc.) but then they turn a deaf ear when the constitutional rights and civil liberties of homeowners that live in these HOAs are violated.

Who is Frank Askin?

Professor Frank Askin, law professor at Rutgers University who is the founder of the Constitutional Litigation Clinic and an ACLU member, was successful at getting the New Jersey Superior Court to rule that homeowner associations are “constitutional actors.”.

Is there a 720 in Florida?

720 is the State Statutes. However, one must take the Board to court. There is no one at the State level in FL that enforces the 720.

What is a proxy for a meeting?

A proxy is similar to a power of attorney as could be used to open a bank account or sell a car for another person. If proxies are permitted at a meeting, the proxy can likely be given to any person or entity. That’s because the person carrying the proxy isn’t really who is at the meeting–the proxy giver is. FYI, most parliamentary books like ...

When can a proxy be used in a condominium?

Similarly, one statute governs proxies in condominiums created on or after October 1, 1986, and a different statute applies to condominiums that are nonprofit corporations created prior to October 1, 1986. A proxy can typically only be used by the person named and is of no use if that person misses the meeting.

What is a proxy for quorum?

Quorum proxy: The proxy only counts for purposes of obtaining a quorum and nothing else. Without question, the simplest and least-likely-to-cause-trouble approach is the General Proxy (you go to the meeting on my behalf and do what I could do). As the proxy becomes more complicated, the possibilities for dispute rise.

What is a general proxy?

General proxy: The holder of the proxy has discretion to do whatever he or she wishes at the meeting and can speak, make motions, second motions, and vote on all issues. Limited proxy: The holder of the proxy can only vote on certain issues at the meeting. Limited directed proxy: The holder of the proxy can only vote on certain issues as directed.

Can you vote by proxy at a board meeting?

Proxies and Proxy Voting at Board Meetings. Unlike membership meetings, the general rule is that proxy voting is not permitted at board meetings (although that could vary by type of organization and specific state statutes).

Can a proxy be used for a meeting?

A proxy can typically only be used by the person named and is of no use if that person misses the meeting. However, if written properly, a proxy can sometimes include authority for the proxy holder to name someone else as proxy to attend the meeting.

Is proxy voting allowed in parliamentary books?

FYI, most parliamentary books like Robert’s Rules of Order Newly Revised (11th Edition) REALLY don’t like proxy voting: Proxy voting is not permitted in ordinary deliberative assemblies unless the laws of the state in which the society is incorporated require it, or the charter or bylaws of the organization provide for it.

What is a closed board meeting called?

This means that your board can hold a closed board meeting, often referred to as an “executive session,” to discuss ...

What is the purpose of a closed board meeting?

This means that your board can hold a closed board meeting, often referred to as an “executive session,” to discuss and act upon your motion to fire the manager. Also remember that the contract with the manager must be closely reviewed to ensure that it is properly terminated.

Can a board meeting be open to owners?

A: Yes. Any time a quorum of the board meets to discuss association business, a board meeting occurs. Generally, board meetings are open to unit owners, subject only to two exceptions. Section 718.112 (2) (c)3 of the Florida Condominium Act states that board and committee meetings don’t have to be open to the unit owners when: ...

Can you smoke in a pool?

A: Yes. Additional enforcement action is required to bring this owner into compliance and to get him to stop smoking at the pool. Whenever a violation is committed it is the obligation of the association, acting by and through the board, to notify the violator of the offense and to ensure that the violation is stopped.

What chapter of the Florida Cooperative Act is the closed board meeting?

There is similar authority to hold a closed board meeting for cooperative associations contained in the Florida Cooperative Act (Chapter 719, Florida Statutes) and for homeowners associations contained in the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes).

Is it legal to hold a closed meeting in a condominium?

By David G. Muller. Posted on. October 23, 2018. Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances.

Do condominium associations have to attend meetings?

The first situation is a discussion regarding “personnel matters” and the condominium association attorney is not required to attend the meeting. The second situation is a discussion of “proposed or pending” litigation and (in contrast to the first situation) the condominium association attorney is required to attend the meeting ...