BOARD AND MEMBERSHIP MEETINGS
FS 718.112(2)
allows
board meetings and owners’ meetings to be held by ZOOM, but requires
that the actual meeting is held on location, no more than 15
miles away from the location of the condo building.
But board members – or managers – can no longer mute owners using their
three minutes allowed by statute to speak on agenda items. Owners can –
in person – participate in these meetings. The wording of the statutes –
see below – specifically states that a meeting on location is required,
and if the meeting is televised by ZOOM, it is required that all persons
in the room can understand what people participating by ZOOM are saying
and that all folks participating by ZOOM can hear what all members of
board and owners at location are saying.
If Zoom is being used, the recording has to be maintained as an official
record of the association and has to be posted on the association’s
website, if the association is – by law --- required to maintain a
website.
These provisions are making sure that the right of owners to speak for
minimum three minutes on an agenda item is not being infringed upon.
FS 718.112(2)
(c) Board of administration meetings.
In a residential condominium association of more than 10
units, the board of administration shall 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. Meetings of the board of
administration at which a quorum of the members is present
are open to all unit owners. Members of the board of
administration may use e-mail as a means of communication
but 1626 may not cast a vote on an association matter via
e-mail. A unit owner may tape record or videotape the
meetings. The right to attend such meetings includes the
right to speak at such 1629 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, the status of revenues and expenditures during the
current fiscal year, and other issues affecting the
condominium. The division shall adopt reasonable rules
governing the tape recording and videotaping of the meeting.
The association may adopt written reasonable rules governing
the frequency, duration, and manner of unit owner
statements.
1. 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.
If the board meeting is to be conducted via video
conference, the notice must state that such meeting will be
via video conference and must include a hyperlink and a
conference telephone number for unit owners to attend the
meeting via video conference, as well as the address of the
physical location where the unit owners can attend the
meeting in person. If the meeting is conducted via video
conference, it must be recorded and such recording must be
maintained as an official record of the association. 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.
(d) Unit owner meetings.
1. An annual meeting of the unit owners must be held at the
location provided in the association bylaws and, if the
bylaws are silent as to the location, the meeting must be
held within 15 miles of the condominium property or within
the same county as the condominium property. However, such
distance requirement does not apply to an association
governing a timeshare condominium. If a unit owner meeting
is conducted via video conference, a unit owner may vote
electronically in the manner provided in s. 718.128.
2. Unit owner meetings, including the annual meeting of the
unit owners, may be conducted in person or via video
conference. If the annual meeting of the unit owners is
conducted via video conference, a quorum of the members of
the board of administration must be physically present at
the physical location where unit owners can attend the
meeting. The location must be provided in the association
bylaws and, if the bylaws are silent as to the location, the
meeting must be held within 15 miles of the condominium
property or within the same county as the condominium
property. If the unit owner meeting is conducted via video
conference, the video conference must be recorded and such
recording must be maintained as an official record of the
association. The division shall adopt rules pursuant to ss.
120.536 and 120.54 governing the requirements for meetings. |
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