Post by Admin on Oct 18, 2013 22:28:22 GMT -5
Refresher on Florida’s “Sunshine Law” for Homeowners Associations
by: Jean Winters, Esq. January 20th, 2012 | 12:07 AM
Most Floridians have heard of Florida’s Sunshine Law. MyFlorida Sunshine website describes the “Government-in the –Sunshine” as statutes that “establish a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities.”
Homeowners often mistakenly believe the “Sunshine law” applies to HOAs or Condos.
That is not the case. Community associations are private corporations, not a government, and not subject to the Sunshine law. However, Florida statutes provide the statutory equivalent in both HOAs and condos: properly noticed, open meetings, subject to very limited exceptions.
For HOAs, the statutory equivalent to “Sunshine” is F.F 720.303 (2)
There are two statutory exceptions to the open meeting requirement:
(1) Meetings between the board or a committee and the association’s attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege; and
(2) Board or committee meetings held for the purpose of discussing personnel matters
Three types of meetings require proper notice and must be open to all members (unless an exception applies):
A board meeting at which a quorum is present –
(1) A board meeting occurs whenever a quorum of the board gathers to conduct association business.
• This means that “executive” meetings or any other gathering where a quorum of directors meets to “conduct business” is a board meeting.
• “Conducting business” is not confined to actual voting, but also includes discussion of association related matters.
And two types of meetings that may contain less than a quorum of directors —
(2) The meetings of any committee or other similar body when a final decision will be made regarding the expenditure of association funds; and
(3) The meetings of any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.
by: Jean Winters, Esq. January 20th, 2012 | 12:07 AM
Most Floridians have heard of Florida’s Sunshine Law. MyFlorida Sunshine website describes the “Government-in the –Sunshine” as statutes that “establish a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities.”
Homeowners often mistakenly believe the “Sunshine law” applies to HOAs or Condos.
That is not the case. Community associations are private corporations, not a government, and not subject to the Sunshine law. However, Florida statutes provide the statutory equivalent in both HOAs and condos: properly noticed, open meetings, subject to very limited exceptions.
For HOAs, the statutory equivalent to “Sunshine” is F.F 720.303 (2)
There are two statutory exceptions to the open meeting requirement:
(1) Meetings between the board or a committee and the association’s attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege; and
(2) Board or committee meetings held for the purpose of discussing personnel matters
Three types of meetings require proper notice and must be open to all members (unless an exception applies):
A board meeting at which a quorum is present –
(1) A board meeting occurs whenever a quorum of the board gathers to conduct association business.
• This means that “executive” meetings or any other gathering where a quorum of directors meets to “conduct business” is a board meeting.
• “Conducting business” is not confined to actual voting, but also includes discussion of association related matters.
And two types of meetings that may contain less than a quorum of directors —
(2) The meetings of any committee or other similar body when a final decision will be made regarding the expenditure of association funds; and
(3) The meetings of any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.