Legal Question in Real Estate Law in Florida
This question is regarding HOAs. We are located in Florida and required to follow 720.
We have an issue that needs to be discussed by the board and without the hired community manager.
How can I call a special meeting of the board and stay within Florida law and our Governing documents?
Do I need to send notice to the directors that is written, certified mail, or would a simple email or phone call suffice?
How many days public notice to homeowners is needed for a special meeting of the board?
Can we make a board decision at this meeting?
Are all the board members required to attend?
What if a few board members choose not to show?
What if we don't have a board quorum; can we still make a board decision?
Our Governing documents state: "Special meetings of the board of directors shall be held when called by any officer of the association or by any two directors after not less than three days notice to each director."
Further information: I am an officer holding the Treasurer position. The situation is regarding the management of our funds by the management company.
Thank you so very much. Your help is so appreciated!
1 Answer from Attorneys
You asked many questions, many of which cannot be answered without review of your association's governing documents (including Declaration of Covenants and corporate bylaws). The provision you provided is part of the answer, but not the complete answer. Clearly, by the terms of your bylaws (presumably) you can call for a special meeting with three days notice. I would think your bylaws would also provide the type of notice required. If not, you may want to error on the conservative side and serve notice by certified and regular mail. The answer as to notice to the members depends on the nature of the matters to be voted on. Some require 48 hours and others require 14 days notice.
The board cannot take action (including voting) without a quorum of the board. This may include teleconference. Without a quorum, the board cannot make a board decision.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
