Board Meetings

Per Florida Statutes 718.112(2)(c) & (2)(e), FL Admin Code 61B-23.002(9), and Jupiter Bay Rule #43:

• Meeting Frequency: For condominium associations of more than 10 units, the board of administration must meet at least once each quarter. At least four times each year, the meeting agenda must include an opportunity for members to ask questions of the board.

• Meeting Attendance: Meetings of the board of administration at which a quorum of the [board] members is present are open to all unit owners. The exceptions are board meetings with the Association’s attorney held for the purpose of seeking or rendering legal advice or Board meetings held for the purpose of discussing personnel matters.

• Posting of Notices: The board must designate specific location(s) on the condominium property at which all notices of board meetings must be posted. (Jupiter Bay posts meeting notices at building bulletin boards.) An association can adopt a rule for posting notices on its website within the required notice period and provide unit owners a hyperlink via email to the website location where the notice is posted.

• Unit Owner Input: The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items and the right to ask questions relating to reports on the status of:
  • Construction or repair projects,
  • Revenues and expenditures during the current fiscal year, and
  • Other issues affecting the condominium.

An association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements. Per its rules, Jupiter Bay can limit unit owner comments to 3 minutes and disallow subsequent comments from the same owner until others could express their viewpoint.

• Taping & Videotaping: A unit owner may tape record or videotape the meetings, subject to the following administrative code restrictions, the last 3 of which are included in the Jupiter Bay’s written rules:
  • The audio and video equipment and devices must not produce distracting sound or light emissions.
  • Audio and video equipment must be assembled and placed in position in advance of the commencement of the meeting.
  • Anyone videotaping or recording a meeting is not permitted to move about the meeting room.
  • Advance notice must be given to the board by any unit owner desiring to utilize audio or video equipment.

• E-mail Voting Excluded: Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. All board member voting is done at a board meeting.

• Owner-Called Meeting: If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, must place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose.

The Following Florida Statutes govern Condominium Association Board Meeting Notices:

• Adequate notice of all board meetings, which must specifically identify all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency. For certain meetings, documentation must be included with the notice:
  • • Notice of any meeting in which regular or special assessments against unit owners are to be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments.
    • A copy of the proposed budget must be provided for the annual budget board meeting.
    • If an agenda item relates to the approval of a contract for goods or services, a copy of the contract must be provided with the notice and be made available for inspection and copying.

• If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose.

• An item not included on the notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members. Such emergency action must be noticed and ratified at the next regular board meeting.

• Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. Evidence of compliance with this 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association.

• The board must designate specific location(s) on the condominium property at which all notices of board meetings must be posted. If there is no condominium property where notices can be posted, notices shall be mailed, delivered, or electronically transmitted to each unit owner at least 14 days before the meeting.

• In lieu of or in addition to the physical posting of the notice on the condominium property, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the condominium association. However, if broadcast notice is used in lieu of a notice physically posted on 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. If broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda.

• In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property. Any rule adopted shall, in addition to other matters, include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members, which must include a hyperlink to the website where the notice is posted, to unit owners whose e-mail addresses are included in the association’s official records.