Hoa And Sunshine: Florida's Law For Transparency

Florida's Sunshine in the Government Act, or the sunshine laws, require transparency and disclosure in government and business. While the Florida Sunshine Law does not apply to private associations, it does apply to meetings of public boards or commissions. This means that while it does not generally apply to homeowners' associations (HOAs), there are separate laws that require HOAs to provide members with notice and access to meetings.

HOA board meetings must be open to all members

In Florida, the Sunshine Law applies to meetings of public boards or commissions. It mandates that meetings or discussions between two or more members of a public board on matters that will foreseeably come before the board for action must be open to the public.

The Sunshine Law does not typically apply to private associations like homeowners' associations (HOAs). However, Section 617.303(2) of the Florida Statutes requires that all meetings of an HOA board of directors be open to all members of the association. This is reinforced by Florida's Homeowners' Association Act, which states that meetings of the HOA board must be open to all members, except for meetings with the association's attorney regarding proposed or pending litigation, where attorney-client privilege applies.

The Act defines a board meeting as occurring whenever a quorum of the board gathers to conduct association business. A quorum of the board typically refers to a majority of board members. HOA members have the right to attend and speak at these meetings, with reference to designated agenda items.

To ensure compliance with the law, proper notice of board meetings must be provided. Notices must be posted conspicuously on community property for at least 48 hours before the meeting. For certain meetings, such as those considering non-emergency special assessments or rule amendments, notices must be mailed, delivered, or electronically transmitted to unit owners at least 14 days in advance, in addition to being posted on the property. These notices should clearly outline the agenda items to be discussed.

HOA meetings with attorneys are exempt from the Sunshine Law

The Homeowners' Association Act defines a meeting of the board as "whenever a quorum of the board gathers to conduct association business." It also states that these meetings must be open to all members of the association. However, there is an exception for meetings between the board and its attorneys to discuss proposed or pending litigation, where the contents of the discussion would be covered by attorney-client privilege. In these cases, the presence of a quorum of the board does not automatically make it a meeting that must be open to all members.

Similarly, Florida's Condominium Act states that meetings of the board of administration with a quorum of members present shall be open to all unit owners. Again, there is an exception for meetings with the association's attorney to discuss proposed or pending litigation or to seek legal advice.

It is important to note that while these exemptions exist, the overall goal of the "sunshine" laws is to promote transparency between the board of directors and association members. Therefore, while not all meetings need to be open to all members, it is still important for boards to provide proper notice and maintain a level of transparency in their operations.

HOA meetings on personnel matters are exempt from the Sunshine Law

However, Florida's Homeowners' Association Act and Condominium Act contain their own set of "sunshine" requirements for community associations, promoting transparency in their operations. These Acts require board meetings to be open to members when a quorum of the board is present and conducting association business. A quorum typically refers to a majority of board members. The Acts also grant members the right to attend and speak at these meetings, ensuring their participation in association matters.

Notably, there are two statutory exceptions to the requirement that board meetings be open to members. The first exception pertains to meetings with the association's attorney to discuss proposed or pending litigation or to seek legal advice. The second exception is for discussions related to "personnel matters." This exemption ensures that HOA meetings focused on personnel issues can be held privately without the presence of association members.

It is important to note that while these meetings on personnel matters are exempt from the Sunshine Law, they should still be limited to specific issues pertaining to association employees. Additionally, individual board members can meet or communicate without triggering the open meeting requirement, as long as the gathering or communication involves fewer than a quorum of the board.

HOA members have the right to speak at board meetings

The Act requires that HOA board meetings be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation, where the contents of the discussion would be covered by attorney-client privilege. Members have the right to attend all meetings of the board, and this includes the right to speak at such meetings with reference to all designated items.

The right to speak does not mean that every HOA member is entitled to endlessly debate motions, but it does mean that members are entitled to be heard regarding matters the board intends to consider at the meeting. HOA members can make their statements at the beginning of the meeting or at a set time in connection with a specific agenda item. The association may adopt written reasonable rules governing the frequency, duration, and manner of HOA member statements.

In addition to the above, it is worth noting that the Florida Sunshine Law applies to meetings of public boards or commissions. It mandates that meetings or discussions between two or more members of a public board on a matter that will foreseeably come before the board for action must be open to the public.

HOA board meetings must be announced at least 48 hours in advance

The key to following the "sunshine" laws is transparency. HOA boards must determine which meetings must be open to members. While certain topics may be sensitive or confidential, the acts referenced above require that board meetings be accessible to members. A quorum of the board, typically a majority of board members, must be present for a gathering to be considered a board meeting. However, it is important to note that the development of ideas and planning constitute "conducting" business, even if a binding vote is not taken.

There are limited exceptions to the requirement that board meetings be open to all members. Meetings with the association's attorney to discuss legal matters or pending litigation, as well as meetings discussing "personnel matters," may be closed. However, these exceptions are specific and should not be used to exclude members from the majority of board meetings.

The noticing of meetings is an important aspect of the "sunshine" laws. Announcing board meetings at least 48 hours in advance ensures that members are aware of when and where the meetings will take place. This requirement is essential for maintaining transparency and providing members with the opportunity to attend and participate in the meetings. In certain cases, such as when considering non-emergency special assessments or amendments to rules, notices must be provided at least 14 days in advance and may need to be mailed, delivered, or electronically transmitted to members.

By following the "sunshine" laws and announcing HOA board meetings at least 48 hours in advance, HOA boards can promote transparency, accessibility, and member participation in their communities.

Frequently asked questions