"Sunshine" Requirements
For Condominium Association Board Meetings

1. Notice of all general Board meetings must be posted at least 48 hours in advance in the community at a pre-designated location for posting notices.  Board meetings at which special assessments are to be considered, the budget adopted or rules affecting the use of a parcel adopted must be noticed by posting and mailed to all members at least 14 days in advance of the meeting. 

2. Homeowners are entitled to attend all* Board meetings. 

3. *  The only exception to the foregoing rule is when the Board is meeting with the Association’s attorney to discuss proposed or pending litigation.  In such cases the homeowners may be excluded from the meeting.  When meeting with the attorney the meeting should be noticed but the notice should state that it is a closed meeting.  In an emergency the Board may meet with less than 48 hours notice or no notice if necessary.  Owners may attend the emergency meeting however if they learn of the meeting.   Very few matters are considered an emergency.  As they say only matters involving “fire, flood, or blood” are an emergency.  There is no such thing as meeting in “executive session” except when the attorney is present.

4. The notice of a Board meeting must include the date, time and place of the meeting and an agenda of the matters to be discussed.  If special assessments or rules affecting the use of a unit are to be considered these items must be specifically identified on the agenda.

5. Homeowners are entitled to speak at the Board meeting on all agenda items.

6. The Board may establish reasonable rules regarding participation. (i.e. designated time for homeowner comments, length of time to speak).

7. A Board meeting occurs whenever a quorum of the Board meets to conduct Association business.

8. 2 out of 3 Board members constitutes a quorum.  Or 3 out of 5 for a 5 person Board.

9. Discussing or talking about Association matters is considered conducting Association business even if no decision is made or formal vote taken.

10. You may communicate via e-mail or other non-real time communication.  However, the intent of the “sunshine” requirements is that all Association business be conducted at properly noticed meetings.  Any attempt to subvert the requirements by communicating via e-mail to confirm agreement in advance of a noticed Board meeting is considered “daisy chaining” and violates the spirit of the law. 

11. Association business may not be discussed at a gathering of a quorum of Board members (physically present at the same time, present in an on-line chat room, present on a conference call or a combination of being physically present and present via a speaker phone) unless a notice has been posted at least 48 hours in advance.  (i.e. If 2 Board members on a 3 person Board run into each other at Publix they may not discuss Association business).

12. Directors may not vote by secret ballot or proxy at Board meetings except secret ballots may be used when electing Officers.

13. Minutes of all meetings must be kept.

14. A vote or abstention from voting on each matter voted upon for each Director present must be recorded in the minutes.  (This means recording the vote as “unanimous” in the minutes is improper.  You should record each Director’s vote i.e.:  John Doe – Yea, Mary Smith – Nay etc.)

15. The foregoing requirements for Board meetings apply to meetings of committees or other similar bodies when a final decision will be made regarding the expenditure of Association funds and to any body vested with the final power to approve or disapprove decisions AND TO ALL OTHER COMMITTEE’S UNLESS EXEMPTED BY THE GOVERNING DOCUMENTS.  CHECK YOUR BYLAWS.

See “Common Misconceptions Regarding Robert’s Rules of Order” pamphlet for further information about Board meetings and voting.

© 2005
Richard DeBoest II, Esq.,
DeBoest, Stockman, Decker, Broughton & Hagan, P.A.
(239) 334-1381   Ft. Myers, FL