FREQUENTLY ASKED QUESTIONS ABOUT CONDO CONFLICTS:

NEW House Bill 0995 (ER), SIGNED BY GOVERNOR CRIST ON MAY 1st, 2008, will be enacted on October 2008.

It will modify, clarify or change some of the answers here. If you want to read the complete text of Bill Number 0995, visit:

http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_

h0995er.xml&DocumentType=Bill&BillNumber=0995&Session=2008

IF YOU WISH TO SEE A CHART SHOWING THE NEW LAW CHANGES, GO HERE:

http://www.ccfj.net/CCFJH995CHANGES.htm

Q.- I live in a condominium, which is the statute that applies to my situation?

A.- If you live in a condominium, Chapter 718 of the Florida Statues applies to your association, along with the Florida Administrative Code.

You need to check also Chapter 617 of the Florida Statutes, because your condo association is probably a not-for-profit corporation.

http://www.leg.state.fl.us/

If you live in a homeowner's association, Chapter 720 of the Florida Statutes will apply.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/titl0720.htm

For those of you that live in a cooperative, Chapter 719 of the Florida Statutes will govern your association.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0719/titl0719.htm

Q.- Is there a regulation concerning Board and association meetings? 

A.- MEETINGS

There are three types of meetings. There is the annual members meeting, the election meeting, and Board of Directors meetings. At the Annual Meeting there is also the election meeting. To have a quorum at the annual meeting there must be a majority of unit owners present in person or by proxy before business can be transacted.

Florida Statute Section 718.112(2)(b) provides that "unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be a majority of the voting interests."

The Election Meeting does not require a quorum of members to take place. It only requires that 20% of the unit owners cast ballots to have an official election.

Board Meetings Florida Statute Section 718.112(2) (c)   Board of administration meetings. --Meetings of the board of administration at which a quorum of the members is present shall be open to all unit owners. Any unit owner may tape record or videotape meetings of the board of administration.

Q.- What happens if I am denied to attend the meetings?

A.- RIGHT TO SPEAK. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The association may adopt reasonable rules governing the tape recording and videotaping of the meeting.

All meetings shall be open to all unit owners except meetings between the board and the association's attorney, with respect to proposed or pending litigation, when the meeting is held for the purpose of seeking or rendering legal advice. Florida Statute Section 718.112(2)(c). Board meetings require a quorum of directors to be valid for the directors to conduct official business.

Robert's Rules of Order Chapter XI - Quorum

Subheading-PROCEEDINGS IN THE ABSENCE OF A QUORUM.

In the absence of a quorum, any business transacted (except for the procedural actions noted in the next paragraph) is null and void.

Third paragraph-The prohibition against transacting business in the absence of a quorum cannot be waived even by unanimous consent.

  A Meeting of the board of administration means any gathering of the members of the board of directors, at which a quorum of the members is present, for the purposes of conducting association business. Florida Administrative Code 61B-23.001(1)(a).

The bylaws shall provide the method of calling meetings of unit owners, including annual meetings. Written notice, which notice must include an agenda, shall be mailed, hand delivered, or electronically transmitted to each unit owner at least 14 days prior to the annual meeting and shall be posted in a conspicuous place on the condominium property at least 14 continuous days preceding the annual meeting. Florida Statute Section 718.112(2)(d)2.  

Adequate notice of all meetings, which notice shall specifically incorporate an identification of agenda items, shall be posted conspicuously on the condominium property at least 48 continuous hours preceding the meeting except in an emergency. Florida Statute 718.112(2)(c).

MINUTES

Roberts Rules under Minutes and Reports of Officers clearly states "they should contain mainly a record of what was done at the meeting not what was said by the members. The minutes should never reflect the secretary's opinion, favorable or otherwise, on anything said or done." By including only certain remarks, the secretary is editorializing. This is not fair or proper.

Committee meeting minutes. According to Peter Dunbar in “The Condominium Concept”, if a committee is advisory in nature a formal record of the proceedings does not need to be maintained.  If the committee has substantive authority and is carrying out a portion of the responsibilities of the board a formal record of each meeting must be kept in the same way as the board itself maintains records of its proceedings. 

Q.- Who is the entity that regulates the Condo Association Financial Reports? What are the remedies to mistakes or questionable expenses?

A.- FINANCIAL REPORTING

Florida Statute Section 718.111(13)

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0718/SEC111.HTM&Title=->2007->Ch0718->Section%20111#0718.111

Section 61B-22.006 of the Florida Administrative Code governs financial reporting requirements. 

The type depends on the size of the budget. There are also time requirements as set forth in the association's documents and Statute.