Q: I’m familiar with what the Florida Condominium and Homeowners Association Statutes say on the subject of owners’ rights to attend Board meetings. However, while both laws cite two exceptions to meetings being open to the association members (pending litigation and personnel matters), the Statute doesn’t address specifically whether or not a closed meeting of the board must be noticed. What say you?
– T.W., Naples
A: You are correct that neither Statute mentions whether or not a closed Board meeting must be noticed. In my opinion it does need to be noticed. Both Statutes require regular Board meetings to be noticed with 48 hours single posted notice and 14 days mailed and posted notice for special Board meetings. All meetings must be open to members except under the exceptions. The exceptions do not provide that the meetings do not have to be noticed so my opinion is that they must be properly noticed. However, some attorneys hold a different view in that notifying owners that a meeting with the Association’s legal counsel is occurring could strategically harm the Association’s legal position, so they advise not to notice such meetings. I do not hold that view.
Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC. T o ask questions about your issues for future columns, send your inquiry to: email@example.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.