16/05/2022

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Driving design quality

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

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

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

Response: No. The minutes really should reflect adequate info to detect the residence or unit and operator in concern. These kinds of as a movement stating, “I go that the voting legal rights of the operator of whole lot (variety) be suspended thanks to the owner staying delinquent in the payment of assessments owed to the affiliation for additional than 90 days.” So, though it is not illegal to title the human being, we usually recommend you do so in the way indicated higher than.

Concern: 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

Respond to: No matter if the vote is unanimous or not the vote of each director should really normally be recorded in the minutes for every the legislation. See applicable statutes under. This is generally overlooked and the votes are recorded as “unanimous” or “two in favor, one particular against” but this is not suitable.

718.111(1)(b) A director of the association who is existing at a meeting of its board at which motion on any company make a difference is taken shall be presumed to have assented to the motion taken unless he or she votes versus such motion or abstains from voting.

A director of the affiliation who abstains from voting on any action taken on any company matter shall be presumed to have taken no situation with regard to the action. Administrators may perhaps not vote by proxy or by mystery ballot at board meetings, apart from that officers might be elected by magic formula ballot. A vote or abstention for every member current shall be recorded in the minutes.

720.303(3) Minutes – Minutes of all meetings of the customers of an affiliation and of the board of directors of an association have to be taken care of in prepared kind or in another type that can be converted into composed type inside a acceptable time. A vote or abstention from voting on just about every subject voted upon for every director current at a board conference must be recorded in the minutes.

Query: Our HOA president suggests that board and membership meetings can only be recorded by house owners with the consent of the participants. Is this correct? – L.D., Vero Seashore

Solution: No. Florida regulation provides any lawful attendee at the users conference or board conference the ideal to history the meeting. They do not need to have the permission of the board or any attendees. On the other hand, if you are likely to report the assembly, the individual doing the recording must announce at the starting the assembly that they are recording it. Anybody that does not want to be recorded can leave. See law below for HOAs. There is a equivalent legislation for 718 condominiums.

Florida Statute. 720.306(10) Recording – Any parcel owner may possibly tape record or videotape conferences of the board of administrators and conferences of the users. The board of directors of the association might undertake sensible principles governing the taping of conferences of the board and the membership.

Problem: Do HOA and condominium assembly “participation rules” involve a vote of the owners or can they be set up by the board or assets supervisors, or PM, and released to the membership? – K.E., Jensen Seashore

Respond to: Normally, except your governing files comprise extremely exclusive provisions, the participation principles do not need to have to be accredited by a vote of the users, just the board of administrators. The assets supervisor could draft them, but the board has to approve them. Your affiliation authorized counsel must also critique the principles just before they are adopted.

Richard D. DeBoest II, Esq., is co-founder and shareholder of the Law company Goede, Adamczyk, DeBoest & Cross, PLLC. The info delivered herein is for informational purposes only and should not be construed as legal advice.

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