Legal Question in Real Estate Law in Florida

Re: Homeowners Association

NO! Florida law requires all board meetings to be open to all members. The only exception to this is where the board meets with its attorney regarding proposed or pending litigation (and on matters which would be covered by attorney-client priivlege).

In addition, the board must notify the membership of all meetings, except in an emergency. Section 720.303 (c)(1) of the Florida statues outlines the requirements of how a meeting must be noticed. Also, Chapter 617 refers to an emergency as a "catastrophic event" --- NOT where a couple board members decide it is inconvenient to call a meeting. Chapter 617 is the not-for-profit corporation statute that also governs HOAs.

Unfortunately, what you describe is all too common in HOAs. The Florida Legislature has inexplicably "recognized" that "it is not in the best interest of homeowners' associations or the individual association members" to regulate HOAs. My personal opinion - and I speak as an association attorney - is that the best interests involved here are NOT those of the homeowners.

Nearly every year, the legislature has squashed any bill designed to protect homeowners. Until enough homeowners demand change, they will have no meaningful way to enforce the statutes.

I represent an HOA that lost over $600,000 because of the former board's actions. A check card was taken out on Association funds, and the bank statements show thousands and thousands of dollars spent at casinos. This was only one way the association was systematically plundered.

Not only should board meetings be OPEN to the members (which include the board), every member has a right to see the financial records of the association.

The only recourse a homeowner in an HOA now has is to file a lawsuit in court, and pay for their own attorneys' fees in the process as well as the fees of their opponent (through assessments.)

Until the citizens of this state demand that their elected officials enact meaningful reform, I fear many more homeowners will discover that their hard earned assessments went to places like the Seminold Hard Rock Casino.