Sunshine Law: Does It Shine On Condo Boards?

Florida's Sunshine Law, passed in 1967, requires that meetings of state, county, and municipal boards be open to the public. However, it does not directly apply to condominium boards, which are not government entities. Nevertheless, Florida Statutes regulating condominium associations, such as the Condominium Act (Chapter 718 of the Florida Statutes), contain their own set of sunshine requirements for these communities, emphasizing transparency. These requirements include open meetings, noticing of meetings, and the provision of certain rights to owners during meetings. While Florida's Sunshine Law does not directly govern condominium boards, the statutes regulating these entities incorporate similar transparency mandates.

Florida's Sunshine Law does not apply to condo boards directly

Florida's Sunshine Law, first passed in 1967, requires that meetings of state, county, and municipal boards be open to the public. However, Florida's Sunshine in the Government Act, or the Sunshine Laws, does not apply to condominium associations or community associations. Instead, the Florida Condominium Act, found in Chapter 718 of the Florida Statutes, contains its own set of "sunshine" requirements for these communities, emphasizing transparency.

The Florida Condominium Act requires board meetings to be open to members, and members have a statutory right to attend. A "meeting" of the board occurs when a quorum of board members is present. There are two exceptions to the rule that board meetings must be open to members: 1) meetings with the association's attorney to discuss legal matters or pending litigation, and 2) discussions of "personnel matters." Individual board members can discuss association business as long as the meeting or phone call is fewer than a quorum of the board. However, remote meetings of a quorum of the board must be open to members.

The second important "sunshine" law is the noticing of meetings. Notices of board meetings must be posted conspicuously on the condominium property for at least 48 hours before the meeting. Certain meetings, such as those discussing non-emergency special assessments or amendments to rules, require notices to be mailed, delivered, or electronically transmitted to unit owners at least 14 days in advance and posted on the property. The notices must also clearly state the agenda items to be discussed.

The "sunshine" laws also give owners certain rights at board meetings, including the right to speak on all designated agenda items and the right to record or videotape meetings. Committees that take final action on behalf of the board or make budget recommendations are also subject to the "sunshine" laws unless specifically exempted by the association bylaws. Compliance with these laws helps ensure that the association runs smoothly and that owners are well-informed about association business.

Condo boards must follow the Florida Condominium Act

While Florida's Sunshine Law does not directly apply to condo boards, the Florida Condominium Act, found in Chapter 718 of the Florida Statutes, contains its own set of "sunshine" requirements for these communities. The Act regulates the creation, management, authority, and functioning of condominium associations within Florida.

The Florida Condominium Act, or FCA, is divided into several parts, each addressing specific aspects of condominium management and ownership. These parts include General Provisions, Rights and Obligations of Developers, Rights and Obligations of Associations, Special Types of Condominiums, Regulation and Disclosure Prior to Sale, Conversions to Condominium, and Distressed Condominium Relief.

The FCA requires condo boards to operate with transparency and disclosure. This means that condo boards must determine which gatherings are open to association members, ensure that meetings are open to the public, provide reasonable notice before meetings, and make written minutes available for public inspection after meetings.

Additionally, the FCA grants citizens the right to speak at meetings within reasonable time and behavior guidelines. It prohibits board members from voting by secret ballot and renders any action taken at closed meetings non-binding.

By following the FCA, condo boards can ensure they are compliant with the law and maintaining transparency with their association members.

Condo boards must determine which gatherings are open to association members

The first step is to determine which meetings must be open to association members. While boards may want to avoid certain topics in open meetings, the Acts referenced above require board meetings to be open to members, and owners have a right to be informed. A "meeting" of the board occurs when a quorum of the board members is present. A quorum of the board must be present for it to be considered a meeting. For example, a discussion between two directors of a five-member board would not constitute a meeting of the board. The meaning of "conducting" business is a bit tricky. Some boards may want to meet for planning or agenda development, but the sunshine laws do not require a binding vote to be taken for a meeting to qualify as conducting association business. The board should consider that any gathering of a quorum of the board where the development of ideas takes place constitutes a meeting.

There are two statutory exceptions to the requirement that board meetings must be open. Firstly, meetings with the association's attorney to discuss proposed or pending litigation, or if the meeting is held for the purpose of seeking or rendering legal advice, may be closed. Secondly, when "personnel matters" are under discussion, the meeting may be closed. Personnel matters should be limited to discussions of specific issues pertaining to association employees. Individual board members can meet or call each other to discuss association business as long as the meeting or phone call is less than a quorum of the board. However, remote meetings of a quorum of the board still constitute meetings that must be open to members.

The second important "sunshine" requirement is the noticing of meetings. Notices of all board meetings must be posted conspicuously on the community property for at least 48 hours before the meeting. However, certain meetings, such as meetings where non-emergency special assessments or amendments to rules regarding unit or parcel use are considered, require notices to be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property not less than 14 days prior to the meeting. The notices should also clearly identify the agenda items that will be discussed at the meeting.

Condo boards must give 48 hours' notice for meetings

Condo boards in Florida are required to give at least 48 hours' notice before meetings. This is part of the state's "sunshine laws", which require transparency and disclosure in government and business. While the Sunshine Laws do not apply directly to condominium associations, the Florida Condominium Act contains its own set of "sunshine" requirements for these communities, with transparency being the key to compliance.

The Florida Condominium Act requires board meetings to be open to members. This is in keeping with the spirit of the Sunshine Laws, which require that meetings of official government bodies be open to the public. In the context of condo boards, this means that meetings must be open to association members.

To ensure that members can attend, notice of all board meetings must be posted conspicuously on the condominium property for at least 48 hours before the meeting. This is in line with the requirement under Florida's Sunshine Laws that reasonable notice be given prior to meetings.

However, certain meetings require more advance notice. For example, meetings to discuss non-emergency special assessments or amendments to rules regarding unit use require notices to be mailed, delivered, or electronically transmitted to unit owners, as well as posted on the condominium property, at least 14 days in advance.

Florida's Sunshine Laws also require that written minutes be taken and made available to the public after the meeting. This is also true of condo board meetings, where written minutes must be made available to owners.

Condo boards must allow owners to speak at meetings

Condo boards are required to allow owners to speak at meetings. While Florida's Sunshine in the Government Act does not apply to condominium associations, the Florida Condominium Act contains its own set of "sunshine" requirements for these communities, with transparency being the key to compliance.

The Florida Condominium Act requires board meetings to be open to members. Owners have the right to speak at all open board meetings on all designated agenda items. This does not mean that every unit owner is entitled to endlessly debate motions, but it does mean that the owners are entitled to be heard regarding matters the board intends to consider at the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements. Owners may also record or videotape such meetings.

The Florida Condominium Act also provides that notice of all board meetings must be posted conspicuously on the condominium property for at least 48 hours before the meeting. However, certain meetings, such as meetings where non-emergency special assessments or amendments to rules regarding unit use are considered, require notices to be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property not less than 14 days prior to the meeting. The notices should also clearly identify the agenda items that will be discussed at the meeting.

The "sunshine" laws also apply to committees that are empowered to take final action on behalf of the board or make recommendations to the board regarding the association budget. Under the Florida Condominium Act, all committees are subject to sunshine requirements unless the association bylaws specifically exempt committees from the sunshine laws.

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