VOTING, MEETINGS, AND ELECTIONS
Q: WHAT IS A QUORUM?
A: A quorum is the amount of persons required to be at certain meetings. In order for a board meeting to be official, there must be a certain amount of directors at the board meeting. The amount of board members required to constitute a quorum depends on what the governing documents require. Generally, a majority of the board members is required. For a unit owner meeting, the minimum required amount of unit owners must be present in order to have an official unit owner meeting. Generally, a majority of the unit owners will constitute a quorum.
Q: WHAT ARE MEETING MINUTES?
A: “Meeting minutes” are notes taken by the secretary of the association that demonstrate what occurred throughout the meeting.
Q: WHAT TYPE OF NOTICE IS REQUIRED BEFORE A BOARD MEETING?
Under both Chapter 718 and 720, adequate notice of all meetings, which notice shall specifically incorporate an identification of agenda items, shall be posted conspicuously on the association property at least 48 continuous hours preceding the meeting except in an emergency.
If a special assessment is to be voted upon by the board, notice must be at least 14 days for a condominium. ?????? WHAT About an HOA????
Q: WHEN UNIT OWNERS ARE REQUIRED TO VOTE, CAN THE ASSOCIATION VOTE ON BEHALF OF AN EMPTY UNIT?
Q: MAY A CONDO BOARD MEMBER ATTEND A MEETING BY TELEPHONE?
A: Yes. In accordance with Chapter 718 (condominium associations), those board or committee members attending by telephone conference may be counted toward obtaining a quorum and may vote by telephone so long as they are kept on speakerphone.
7. WHAT IS A CONDO ASSOCIATION REQUIRED TO DO BFORE AN ELECTION OF DIRECTORS TAKES PLACE?
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A: Under Chapter 718 governing condominium associations, at least sixty (60) days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to vote, a first notice of the date of the election. Together with the written notice and agenda, the association shall mail, delivery, or electronically transmit a second notice of the election to all unit owners entitled to vote, together with a ballot that lists all candidates.
Chapter 720 states to refer to the Declaration; however, if the Declaration does not provide procedures as to what an association must do before an election of directors to the board takes place, the directors must be elected by a plurality of the votes cast by eligible voters.
Q: CAN A RENTER VOTE?
No. Under Chapters 718 and Chapter 720, the tenant does not have any of the rights of a unit owner to vote in any election.
Q: DOES A RENTER HAVE THE RIGHT TO EXAMINE THE ASSOCIATION BOOKS AND RECORDS?
Q: WHAT HAPPENS WHEN A BOARD MEMBER REFUSES TO VOTE ON A MATTER?
A: In accordance with Chapter 718, Florida Statutes, a director who is present at a board meeting shall be presumed to have assented to the action taken unless he or she votes against such action or abstains from voting. A director of the association who abstains from voting on any action shall be presumed to have taken no position with regard to the action. (Chapter 720 governing HOAs does not specific reference this situation.)
Q: CAN DIRECTORS VOTE BY PROXY OR SECRET BALLOT AT BOARD MEETINGS?
A: In accordance with Chapter 718.111(c), Florida Statutes, a director may not vote by proxy or secret ballot at board meetings, except that officers may be elected by secret ballot.
Q: AS A UNIT OWNER, CAN I TAPE RECORD OR VIDEOTAPE BOARD MEETINGS?
A: In accordance with Chapter 718.112(2)(c), Florida Statutes, a unit owner may tape record or videotape board meetings.
Q: AS A UNIT OWNER, MAY I ATTEND AND SPEAK AT BOARD MEETINGS?
A: In accordance with Chapter 718.112(2)(c), Florida Statutes, a unit owner has the right to attend a board meeting. A board can meet without unit owners when they are meeting with their attorney with respect to proposed or pending litigation or seeking legal advice. At board meetings, a unit owner has the right to speak at such meeting with reference to all items on the agenda.
Q: ALTHOUGH A UNIT OWNER MAY SPEAK AT BOARD MEETINGS, CAN THE BOARD ADOPT RULES RESTRICTING HOW LONG A PERSON CAN SPEAK?
A: In accordance with Chapter 718.112(2)(c), Florida Statutes, the association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.
Q: WHO IS INELIGIBLE TO BE A BOARD MEMBER?
A: In accordance with Chapter 718.112(2)(d)(1), Florida Statutes, a person who has been suspended or removed by the Division of Business and Professional Regulation, or who is delinquent in the payment of any fee, fine, or special or regular assessment, is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction that would be considered a felony if committed in this state, is not eligible for board membership unless such felon's civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board.
A director or officer charged by information or indictment with a felony theft or embezzlement offense involving the association’s funds or property must be removed from office, creating a vacancy in the office.
Q: I WANT TO BE A BOARD MEMBER. WHAT DO I NEED TO DO?
A; In accordance with Chapter 718.112(2)(d)(3)(a), Florida Statutes, any unit owner or other eligible person desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association at least forty (40) days before a scheduled election.
Q: IF A DIRECTOR OF THE CONDO IS DELIQUENT IN THEIR ASSESSMENTS, WHAT CAN HAPPEN?
A: A director or officer more than ninety days (90) delinquent in the payment of any monetary obligation due the association shall be deemed to have abandoned their office, creating a vacancy in the office.
Q: MAY A TRUSTEE OF A TRUST THAT OWNS A UNIT SERVE AS A DIRECTOR ON THE BOARD?
A: Yes, according to arbitration case number 2007-06-6957.
Q: CAN THE MAJORITY OF THE BOARD VOTE TO KICK OFF ANOTHER BOARD MEMBER?
A: No. Board members cannot remove a board member. Unit owners can recall and remove a board member. However, board members can vote to have a new president, vice president, treasurer or secretary at any time.