The process of running an HOA, condo association or other community association can impact the daily lives of everyone in the community so when meetings are held it can be very important for all association members to attend.
Meetings must usually be open to all members and all members must be given notice at least 48 hours in advance. Unit owners have both the right and the duty to attend and speak up on the agenda items that interest them.
The question then arises, when can a board hold a closed meeting?
There are only two exceptions to the open meeting rules: to meet with an attorney or to discuss personnel matters.
Section 718.112(2)(c)3, of the Florida Condominium Act speaks to these exceptions directly while the Florida Cooperative Act (Chapter 719, Florida Statutes) and the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes) state the same exceptions for HOAs and other community associations.
Let’s take a closer look…
If, for example, your board is unsatisfied with the performance of your current community association manager and wants to hire a new one, then this would qualify for a closed meeting. You would be discussing an association employee so this would distinctly fall under the “personnel matters” exception.
In the other exception, in regard to meeting with an attorney, this closed meeting is allowed under the following circumstances: If the board needs to meet with a lawyer to discuss proposed or pending litigation, or if the board is meeting to seek legal advice.
This one was pretty straightforward. We know, it almost feels too simple. Don’t worry, we’re sure there will be plenty of complicated matters that you might need some support on. That’s what we’re here for.
With over 20 years under our belt, our team at Dania S. Fernandez & Associates is experienced at handling all legal matters involving condominium and homeowners associations. Let us know how we can be of service to your community.
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