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Question: I live in a homeowners’ association. The board of directors has historically held a budget workshop with only the chief financial officer of the management company and two of the five directors present. The association is governed by a five member board, so that board argues that because a quorum is not present, they do not have to post notice of the meeting or allow owners to attend. Is this legal? C.D. (via e-mail)

Answer: To answer this question, it is first necessary to establish who is authorized to adopt the budget. This question is typically addressed in either the association’s declaration or bylaws and will provide that it is the board or the members that adopt the budget.

If it is the board that is authorized by the governing documents to adopt the budget, it is then important to consider whether the “workshop” that is being held is a meeting to discuss the proposed budget and its components or is actually the meeting at which the budget is to be adopted. If the board members present at the meeting are simply discussing the proposed budget that will be adopted at a later meeting, there is no requirement in the statute to hold a noticed and open meeting if less than a quorum of the board is present.

However, if the “workshop” is the meeting at which the budget is actually adopted, the answer is different. If the board is given the authority to adopt the budget, the budget should be adopted at a properly noticed meeting at which a quorum of the board is present.

What constitutes “proper” notice will, again, depend on the association’s governing documents. Unlike the Florida Condominium Act (Chapter 718, Florida Statutes), and although the statute is subject to interpretation, there is no specific requirement in the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes) that notice of the meeting at which the budget is adopted be provided to the owners by mail 14 days in advance of the meeting. My interpretation is that absent a specific requirement in the governing documents, notice of the budget meeting typically needs to be posted only 48 hours in advance of the meeting (or whatever notice the bylaws require for regular board meetings).

Though there is no legal requirement that special notice or the proposed budget be provided in advance of the meeting at which the board will adopt the budget, the Florida Homeowners’ Association Act does require that the association provide each member with a copy of the annual budget or a written notice that a copy of the budget is available upon request at no charge to the member once the budget has been adopted.


By Joseph Adams on December 29th, 2015 - Posted in Budgets, Reserves & Financial, Meetings, Operations, Reader Q&A.  Mr. Adams joined Becker & Poliakoff, P.A. in 1987.  He concentrates his legal practice on the law of community associations, primarily representing condominium, cooperative and homeowners' associations, as well as country clubs, mobile home communities and amenities associations such as marinas and golf courses. He has been very active in community association legislation and rule making, and has drafted several pieces of legislation affecting community associations that have been adopted by the Florida Legislature.


With more than 40 years experience in Association Management and Property Management, Hara Management, Inc. has the expertise needed to efficiently manage your Homeowner’s or Condominium Association; or manage rental properties and apartment communities, while providing the highest level of service to Boards and Owners. Contact HMI’s General Manager Rick Michaud, or visit HMI online to learn more about their variety of client-customized services today.

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