"Sunshine" Requirements
For Homeowners 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 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 rules is when the Board is meeting with the Association’s attorney to discuss litigation or personnel matters.  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 parcel are to be considered these items must be specifically identified on the agenda.

5. Under general circumstances homeowners are not entitled to speak at the Board meeting unless that right is granted by the governing documents or the Board chooses to allow the homeowners to speak.  (It is however recommended you allow homeowners to speak at meetings.)  Chapter 720 does grant members the right to speak at Board meetings on any agenda item placed on the agenda by a petition signed by 20% of the owners.

6. If the Board allows homeowners to speak at Board meetings 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. Three (3) out of five (5) Board members constitutes a quorum.

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

10. Less than a quorum of the Board may meet and discuss Association business and it is not considered a meeting.  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 having 2 Board members meet, discuss business and then having one of those Board members meet with a third Board member to confirm his or her 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 at least three (3) 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 3 Board members 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 power to approve or disapprove architectural decisions.  All other committees are exempt.

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