Florida statutes do not prevent association boards from taking action without a formal meeting. However, that doesn’t mean your association has the ability to do so under its own bylaws.
Why would a board want to act without meeting?
Making arrangements for a special meeting can be difficult. There are requirements for how far in advance they must be publicized, plus the busy schedules of board members can be complicated to coordinate. Unforeseen or time-sensitive issues sometimes arise that require the attention of the board. Waiting for the next scheduled board meeting is not always possible. In these cases the ability to address them without a formal meeting can allow the board to solve problems before they escalate. Other reasons might be authorizing small payments, organizing events, or simply handling routine and uncontroversial business.
How would acting without a meeting work?
The first step must be to check the governing documents for your specific association. Do your bylaws allow for action to be taken without a meeting? You may find that there are provisions required by your association above and beyond what’s required by the Florida statutes. However, assuming that your association defaults to Florida laws, what you would need is a unanimous decision reached by all board members. The votes must be in writing in order to have the proper record of a unanimous decision for your files.
If you need help either interpreting or amending your CC&Rs, give me a call at Fernandez Law.