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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I live in Miami , Florida , and belong to a condominium association. Our

Customer Question

I live in Miami , Florida , and belong to a condominium association.
Our board recently approved a contract with Comcast and did not hold an open meeting or posted any notice to the unit owners, in other words they committed the community to a long term contract behind their back.
The association lawyer said our bylaws only require two meetings a year, Election day and Budget meeting.
Is this legal? Do I have any recourse?
Also as a general question , aren't open meeting and notice required to vote on any community new projects?
Please advise.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. As you have multiple questions, I will go down the list and respond to each concern in order.
You asked:
The association lawyer said our bylaws only require two meetings a year, Election day and Budget meeting.
Is this legal? Do I have any recourse?
Under state law only ONE meeting is required. All other meetings can be deemed 'private' and 'closed' to the Board only. The only recourse is to run for positions on the Board and file amendments expressly calling for more meetings and likewise for more open meetings that can be open to actual members of the association.
Also as a general question , aren't open meeting and notice required to vote on any community new projects?
No, what governs is how your specific CC&Rs and bylaws are structured. Depending on the size and scope of the project it may be permitted based on your specific language, as no CC&Rs are exactly alike. Plus, as far as this being a 'project' or not, it may depend on the definition in your bylaws. If this is treated as a utility then no open notice is generally required. But I would still urge you to view your own documentation because that will tell you the extent and scope of their power under the circumstances.
Sincerely,
Dimitry, Esq.

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