Some of the most frequent questions I face in my representation of homeowners’ associations, or HOAs, relate to whether a gathering of directors is considered a “board meeting” that must comply with the formalities outlined in Chapter 720, Florida Statutes. These questions usually arise when unit owners complain that the board is conducting business behind closed doors at meetings that were not properly noticed. In an effort to help both HOA boards and unit owners better understand the legal definition of a “board meeting” and its ramifications, I address some of the most common questions I receive below.

What is the legal standard for an HOA board meeting? Section 720.303(2)(a), Florida Statutes, defines a board meeting as any gathering for the purpose of conducting association business by the members of the board of directors at which a quorum is present. Typically, an HOA’s governing documents will specifically define what number of directors constitutes a quorum; however, the general rule is it’s a majority of board members. Board meetings at which association business is conducted must be open to all unit owners, and proper advance notice of the meeting must be provided to the unit owners, except in limited cases of emergency.

Can an HOA board hold private meetings?  Florida law provides two limited exemptions to the above-referenced requirement to hold open board meetings. Currently, unit owners can be restricted from attending board meetings only when the board is meeting with the HOA’s attorney to discuss proposed or pending litigation or the board is meeting for the purpose of discussing personnel matters. Please note that to satisfy the attorney exemption, the HOA’s attorney must be present either in person or via telephone.

Can the board restrict member participation at an “open” board meeting? Chapter 720, Florida Statutes, expressly provides that unit owners are allowed to speak on all agenda items during a board meeting. However, Florida law also permits HOAs to adopt rules that regulate unit owner participation.  Typical rules may restrict the amount of time a unit owner can speak on any given agenda item (i.e., three minutes per agenda item), or provide that no unit owner may speak more than once until all other unit owners have had an opportunity to do so.  Once rules are established, consistent enforcement of said rules is crucial, even if it means using a watch, cell phone timer or gavel.

Can HOA directors ever get together to socialize?  It is not illegal for directors constituting a quorum to socialize while limiting the conversation to the weather, the news or sharing photos of each other’s recent vacations – i.e., non-association business. However, directors must be aware that a gathering of a quorum of board members – even at a purely social event – creates the risk that a disgruntled unit owner might accuse the board members of improperly conducting a board meeting in violation of Chapter 720.

To summarize, Chapter 720 does not prevent board members from socializing or require that a notice be posted every time a group of board members might want to go out to eat or play a round of golf. Instead, the law simply provides that a gathering of a quorum of board members where the members discuss HOA business or engage in discussions about the needs of the community must occur only in a properly noticed board meeting.

The above questions are only examples and are not intended to address all potential scenarios. Therefore, if you have a specific question, you should consult an attorney knowledgeable on this aspect of HOA law.

By Dan Rich Special to The Ledger; Posted Nov 30, 2017 at 9:53 AM – original article: <Click Here>

Dan Rich is an attorney with the law firm Clark, Campbell, Lancaster & Munson, P.A. in Lakeland. Questions can be submitted to thelaw@cclmlaw.com.

With more than 45 years experience in the Central Florida area, Hara Community 1st Advisors has the expertise needed to efficiently manage your Condominium or Homeowner’s Association while providing the highest level of service to Boards and Owners. Contact HMI’s Regional Director Rick Michaud, or visit HMI online to learn more about their variety of client-customized services for community association management today.