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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Our homeowners association Board of Directors has taken to

Resolved Question:

Our homeowners' association Board of Directors has taken to limiting their minutes reporting voting to making a motion with a secord and the vote recorded as "approved." No indication of how many Directors voted or if they voted yea or nay. I thought that 720.303 (3) MINUTES requires "A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes."

There is also a Board reluctance to report committee meetings and Closed Session votes taken regarding the expenditure of association funds. Statute 720.303 (2) BOARD MEETINGS requires that those votes should be recorded and I assume included in minutes made available to the owners.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I have been reviewing Statute 720.303 and agree with your position. Minutes do require an express recording of each member's vote and specific position. The only exception appears to be if a vote takes place pertaining to an election of a board member which allows the vote to be secret. Anything else is a potential violation of the Florida laws. I would suggest that you show this statute to the Board and state that if they wish to be in compliance and not later be challenged in court for violating state law, they amend their practices immediately.

http://www.flsenate.gov/laws/statutes/2011/720.303

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38446
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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