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

Can a delinquent owner’s name be included in the minutes? Can a board ban recordings? Should board members’ names be recorded on how they voted?

STUART, Fla. – Dilemma: Is it incorrect or illegal to identify a delinquent operator and the sum owed in the minutes of a meeting where the board votes to suspend an owner’s voting rights? – B.S., Port St. Lucie

Response: No. The minutes ought to mirror sufficient information and facts to recognize the residence or device and proprietor in problem. These as a motion stating, “I transfer that the voting rights of the proprietor of large amount (variety) be suspended owing to the operator remaining delinquent in the payment of assessments owed to the affiliation for more than 90 days.” So, even though it is not unlawful to title the person, we generally advocate you do so in the method indicated earlier mentioned.

Question: 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: Irrespective of whether the vote is unanimous or not the vote of every director should always be recorded in the minutes for every the regulation. See relevant statutes underneath. This is normally ignored and the votes are recorded as “unanimous” or “two in favor, 1 against” but this is not right.

718.111(1)(b) A director of the association who is present at a assembly of its board at which action on any corporate make a difference is taken shall be presumed to have assented to the action taken unless of course he or she votes against these types of action or abstains from voting.

A director of the association who abstains from voting on any motion taken on any corporate matter shall be presumed to have taken no posture with regard to the motion. Administrators may perhaps not vote by proxy or by secret ballot at board meetings, apart from that officers may be elected by solution ballot. A vote or abstention for just about every member current shall be recorded in the minutes.

720.303(3) Minutes – Minutes of all conferences of the members of an affiliation and of the board of directors of an affiliation have to be managed in written variety or in one more type that can be converted into penned type inside a sensible time. A vote or abstention from voting on each matter voted on for each and every director current at a board assembly should be recorded in the minutes.

Question: Our HOA president says that board and membership meetings can only be recorded by homeowners with the consent of the contributors. Is this genuine? – L.D., Vero Seaside

Respond to: No. Florida legislation presents any lawful attendee at the associates conference or board meeting the correct to history the assembly. They do not require the authorization of the board or any attendees. Having said that, if you are likely to record the meeting, the man or woman carrying out the recording should really announce at the starting the assembly that they are recording it. Anybody that does not want to be recorded can depart. See regulation below for HOAs. There is a identical regulation for 718 condominiums.

Florida Statute. 720.306(10) Recording – Any parcel operator may tape file or videotape conferences of the board of administrators and meetings of the associates. The board of administrators of the association may possibly undertake sensible policies governing the taping of conferences of the board and the membership.

Concern: Do HOA and condominium assembly “participation rules” involve a vote of the entrepreneurs or can they be founded by the board or home professionals, or PM, and released to the membership? – K.E., Jensen Beach front

Answer: Usually, until your governing paperwork have really special provisions, the participation regulations do not will need to be authorized by a vote of the users, just the board of administrators. The property manager could draft them, but the board has to approve them. Your affiliation lawful counsel should also review the procedures ahead of they are adopted.

Richard D. DeBoest II, Esq., is co-founder and shareholder of the Law organization Goede, Adamczyk, DeBoest & Cross, PLLC. The details furnished herein is for informational reasons only and must not be construed as lawful guidance.

The publication of this write-up does not generate an attorney-customer marriage amongst the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our lawyers. Readers need to not act or chorus from acting centered on the details contained in this posting with out to start with contacting an lawyer, if you have concerns about any of the problems raised herein. The choosing of an attorney is a conclusion that should really not be based mostly exclusively on commercials or this column.

© 2021 Journal Media Team

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