Understanding Florida HOA Board Meeting Requirements

Florida law places a strong emphasis on transparency, homeowner participation, and proper governance in community associations. At All In One Property Management, we’re committed to helping your community stay compliant and informed. This blog breaks down the essential requirements of Florida Statute 720.303(2) regarding board meetings in Homeowners Associations (HOAs).

What Constitutes a Board Meeting?

According to Florida Statute 720.303(2), a board meeting is any gathering of a quorum of the board to conduct association business. Even informal discussions that involve decision-making responsibilities may qualify. Importantly:

• Votes may NOT be cast via email.

• Board meetings must generally be open to all members, except for:

- Legal consultations about pending or proposed litigation.

- Discussions involving personnel matters.

Notice Requirements for Board Meetings

The law provides clear guidelines on how and when notice of board meetings must be given:

1. 48-Hour Notice: A notice must be posted conspicuously within the community at least 48 hours prior to the meeting.

2. Alternative to Posting: If posting is not feasible, notice must be mailed or delivered to each member at least 7 days in advance. For communities with more than 100 members, digital alternatives (like email or closed-circuit TV) are permitted, if authorized in the bylaws.

3. Electronic Notices & Mobile Apps: Associations may adopt rules for providing notice through a website or mobile application—but owners must opt-in with written consent.

4. Special Assessments or Use Rule Changes: Require 14-day notice by mail, delivery, or electronic means, along with physical posting or broadcast notice.

   
   

Homeowner Participation

Florida law guarantees that homeowners may attend and speak at board meetings:

• Owners may speak on any designated agenda item.

• The association may adopt reasonable rules on duration, sign-up procedures, and frequency of comments—but cannot restrict the right altogether.

• At least 3 minutes per item must be granted for petitioned topics.

  
  

Petitions by Homeowners

If 20% of voting interests submit a petition, the board must:

• Include the item on the next regular or special board meeting agenda.

• Address it within 60 days of receiving the petition.

• Provide 14-day advance notice of the meeting to all members.

• Allow homeowners to speak for at least 3 minutes on that topic.

  
  

No Proxy or Secret Voting

Votes by directors at board meetings must be cast in person and recorded:

• No proxies allowed.

• Secret ballots are only permitted for officer elections.

  
  

This applies not just to the board but to any committee with authority over finances or architectural decisions.

Accessibility Requirements

If requested, the meeting location must be accessible to persons with disabilities, ensuring inclusivity and compliance with the Americans with Disabilities Act (ADA).

Preservation of Covenants

At the first board meeting following the annual members’ meeting (excluding the organizational meeting), the board must consider whether to preserve the community’s covenants and restrictions under the Marketable Record Title Act (MRTA). If necessary, the board should authorize the filing of a preservation notice in accordance with FS 720.3032.

Importance of Compliance

Understanding and adhering to these requirements is crucial for the smooth operation of your HOA. Compliance not only fosters a sense of community but also protects the association from potential legal issues.

Conclusion

Florida’s HOA laws ensure that community members stay informed, involved, and protected in the governance of their associations. By following these procedures, your board avoids legal pitfalls and builds trust with homeowners.

At All In One Property Management, we specialize in navigating Florida’s regulatory landscape. If your HOA needs assistance with board meeting compliance, record keeping, or adopting modern communication methods like electronic notices—we’re here to help.

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