Sunshine Law And Condo Associations: What's The Deal?

Florida's Sunshine Law, first passed in 1967, requires that meetings of state, county, and municipal boards, commissions, and agencies are open to the public. However, the Sunshine Law does not directly apply to condominium associations, which are private organizations governed by separate laws. While the Sunshine Law ensures transparency in government, Florida's Condominium Act establishes similar sunshine requirements for condominium communities, promoting transparency between their board of directors and association members.

Florida's Sunshine Law

The Florida Condominium Act requires that board meetings are open to members, and members have a statutory right to attend. A "meeting" occurs when a quorum of board members is present. There are two exceptions to this rule: meetings with the association's attorney to discuss legal matters, and when "personnel matters" are under discussion.

The Act also requires that notice of all board meetings must be posted at least 48 hours in advance, and meetings to discuss special assessments or amendments to rules require 14 days' notice. Owners have the right to speak on all agenda items, and board members may not vote by secret ballot.

Association Committees are also subject to these "sunshine" requirements, unless specifically exempted by the association bylaws.

Condo board meetings

Florida's Sunshine Law, first passed in 1967, requires that meetings of state, county, and municipal boards, commissions, and agencies are open to the public. However, the Sunshine Law does not directly apply to condominium associations. Instead, the Florida Condominium Act establishes "sunshine"-type requirements that community associations must follow to ensure transparency and disclosure.

Notice of board meetings must be posted conspicuously on the condominium property at least 48 hours in advance. However, certain meetings, such as those discussing non-emergency special assessments or amendments to rules, require mailed, delivered, or electronic notices to unit owners at least 14 days in advance. The notices should also clearly state the agenda items to be discussed.

Owners have the right to speak at board meetings on all designated agenda items, within reasonable time and behavior limits. They may also record or videotape such meetings. Board members are not allowed to vote by secret ballot.

Association committees that have the power to take final action on behalf of the board or make budget recommendations are also subject to these "sunshine" requirements, unless specifically exempted by the association bylaws.

Board meeting notices

Florida's Sunshine Law, passed by the State Legislature in 1967, applies to elected and appointed government boards, commissions, and agencies. However, it does not directly apply to residential Condominium Boards of Directors as they are not state, county, or municipal government entities. Nevertheless, the Condominium Act (FS 718.112) contains its own set of "sunshine" requirements, promoting transparency between the board of directors and association members.

The Condominium Act requires that notice of all board meetings must be posted conspicuously on the condominium property for at least 48 hours before the meeting. This ensures that owners are aware of when and where the meetings are taking place, allowing them to exercise their statutory right to attend.

Meetings that consider non-emergency special assessments or amendments to rules regarding unit use require more extensive notices. In these cases, notices must be mailed, delivered, or electronically transmitted to the unit owners, in addition to being posted conspicuously on the condominium property, for at least 14 days prior to the meeting.

The notices should also clearly specify the agenda items that will be discussed. This enables owners to prepare for the meeting and exercise their right to speak on the designated agenda items. It is important to note that owners' statements may be governed by reasonable rules regarding frequency, duration, and manner, as set by the association.

Association Committee meetings are subject to the same requirements as Board meetings in terms of notice and owner access. These may include meetings of the Fining, Documents, Election, and other Board-appointed Committees.

Owners' rights at meetings

While Florida's Sunshine Law does not apply to condominium associations, the Florida Condominium Act does contain its own set of "sunshine" requirements for these communities, with transparency being the key to compliance.

• Attendance: Unit owners may attend all board meetings and all committee meetings, except for meetings with the association's attorney where litigation is being discussed, meetings to discuss personnel issues, and committee meetings specifically deemed private in the bylaws.
• Speaking: Unit owners have the right to speak at meetings regarding items on the agenda for at least three minutes. They may also record (video or audio) such meetings, as long as the equipment does not produce distracting sounds or lights. Associations may adopt reasonable rules governing when and for how long unit owners may speak.
• Notice: Owners must be given reasonable notice of meetings. 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 those discussing special assessments or amendments to rules, require notices to be mailed, delivered, or electronically transmitted to unit owners at least 14 days prior. The notices should also clearly identify the agenda items to be discussed.
• Information Access: Unit owners have the right to access the board's "information packet", which includes the most recent financial statements, draft meeting minutes, a manager's report, and any proposals or other documentation relevant to the agenda items. Associations are not obligated to provide copies of information packets to attendees, but unit owners may request them in writing at least 5 days in advance of a board meeting.
• Voting: Board members or commissioners are not allowed to vote by secret ballot.

Association Committee meetings

Florida's Sunshine Law, passed in 1967, requires that meetings of elected and appointed government boards, commissions, and agencies are open to the public. While the Sunshine Law does not directly apply to condominium associations, Florida's Condominium Act establishes certain 'sunshine' requirements that these communities must follow.

The Florida Condominium Act holds that if a quorum of board members is present at any kind of discussion, it constitutes a 'meeting' and must be open to the association members. A quorum of the board is typically a majority of board members. There are, however, two statutory exceptions to this rule:

• Meetings with the association's attorney to discuss proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice
• When "personnel matters" are under discussion.

The requirement that meetings be open to members is of little benefit if owners are not aware of when or where they are taking place. Under the Act, 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 those discussing non-emergency special assessments or amendments to rules regarding unit use, 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.

Owners have the right to speak at all open board meetings on all designated agenda items, although this does not mean that every unit owner is entitled to endlessly debate motions. Owners may also record or videotape such meetings.

The sunshine laws also apply to committees that are empowered to take final action on behalf of the board, or committees that make recommendations to the board regarding the association budget. All committees are subject to sunshine requirements unless the association bylaws specifically exempt them.

Frequently asked questions