Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Real estate law What are the legal requirements surrounding…

Real estate law What are the...
Real estate law
What are the legal requirements surrounding the recording of BOD minutes for Condo HOA meetings?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
6/22/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 46,331
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Real Estate Law Question

What state are you in here?

Ask Your Own Real Estate Law Question
Customer reply replied 10 months ago
Oops sorry in florida

In Florida a homeownersassociation can require that a homeowner disclose their plans to record a board meeting, prior to doing so. Section 720.306(10) of the Florida Homeowners’ Association Act states that any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. However, the statute also permits the board to adopt reasonable rules governing the taping of meetings.

It is likely that a rule that requires disclosing one’s intent to record prior to doing so is reasonable because Florida law supports obtaining permission prior to recording in other situations. For example, Chapter 934 of the Florida Statutes provides that in certain situations, wire and oral communication requires consent, prior to recording, to safeguard the right of privacy. This is known as Florida’s “all-party consent law”, which provides, in part, that private conversations cannot be recorded unless all parties provide consent. While Chapter 934 does not govern “public” oral communications, and its applicability to an HOA meeting is certainly debatable, the statute supports the idea that people have a right to know when they are being recorded.

In a*****case called Pinellas County School Bd. v. Suncam, Inc., the court found that it was unlawful to deny the right to record a public meeting. However, the court quoted the attorney general in stating that reasonable rules and policies, to ensure the orderly conduct of a public meeting and to require orderly behavior on the part of those attending, are appropriate.

Similarly, it seems reasonable for a board to adopt a rule requiring homeowners to disclose their plans to record a meeting because this could allow the Board to determine where recording equipment should be set up, provide access to outlets if equipment needs to be plugged in, and announce that the meeting is being recorded, so that the meeting is not disturbed and those who speak are aware that they are being recorded.

You can tape but you have to notify the board that you intend to do so.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Real Estate Law Question
Customer reply replied 10 months ago
I see my question is open to misinterpretation- my mistake -what I meant by "recording" was what is the timeline and requirements for the HOA to document the Board of Directors meeting.

All corporations formed under Florida law are required to hold an annual meeting of shareholders. The annual meeting, like all corporate meetings, should be adequately documented and recorded in minutes that summarize the points discussed and action taken at the meeting. Although Florida law requires all corporations to make and keep appropriate minutes of meetings, the corporation is not required to file the minutes with any state agency.

Section(###) ###-####of the Florida Statutes mandates that all corporations conduct an annual meeting of shareholders. The place and time for the meeting should be done in accordance with the bylaws adopted by the corporation when it was formed. The statute permits shareholders to attend the meeting from a remote location by electronic means, so long as the shareholder can effectively participate in the meeting.

The annual meeting of shareholders is primarily for the election of directors who are responsible for the operation of the corporation's business. However, any corporate business can be conducted at the meeting, such as the directors' appointment of the corporation's president, treasurer and secretary. The minutes are typically recorded by the corporation's secretary or other person appointed at the time of the meeting.

Section(###) ###-####of the Florida Statutes requires that minutes of all corporate meetings be prepared and kept as part of the corporation's permanent records. Subsection (4)(d) specifically mandates that minutes of all shareholders’ meetings be kept by the corporation for the prior three years. The record of the minutes can be kept in written form or in an electronic format that is readily convertible to written form.

The Board of Directors should record minutes here for the HOA record the same as the annual meetings so there is a permanent record of HOA business.

Ask Your Own Real Estate Law Question

The HOA here is a nonprofit corporation and falls under he statutes above as does the board of directors.

Thanks for letting me followup and clarify here.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 46,331
Experience: Texas Attorney for 30 years dealing in real estate
Verified
Ray and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 46,331
46,331 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

46,331 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can an HOA for a townhome association demand a specific
can an HOA for a townhome association demand a specific amount of replacement cost insurance? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
DO an HOA have the right to have homeowners paint the
DO an HOA have the right to have homeowners paint the exterior of their home just due to fading of paint … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers
Is it illegal for a condominium association HOA (or counsel
Is it illegal for a condominium association HOA (or counsel hired by the HOA) to threaten to a homeowner's mortgage bank to foreclose on that homeowner's condo in pursuit of an assessment charged by t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
I have a homeowners association from. currently they say i
i have a homeowners association from hell. currently they say i have to have green growing things in an area that they say i cannot cut down trees from so it will not grow. jasmine, ivy, and vinca maj… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
313 satisfied customers
I am a homeowner in an HOA in CA. My roof leaked and the HOA
I am a homeowner in an HOA in CA. My roof leaked and the HOA say that the leak is my fault and I have to pay for the repair. The HOA invited me to a meeting where I was given five minutes to defend my… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
My question is in regards to homeowners associations for a
My question is in regards ***** ***** associations for a maintenance provided community. There are by-laws and covenants and then there are rules and regulations. In the community in which I live, the… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
If a new development Homeowners association was established
If a new development Homeowners association was established with restriction prohibiting open RV, or boat storage (no driveways, and street view), can the association following the CC&R amendment prov… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,044 satisfied customers
My homeowners association needs to finance a large
My homeowners association needs to finance a large renovation of our community buildings and amenities totaling about 20 million $. Can we raise the dollars through the issuing of investment bonds. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Need a calif lawyer specializing in homeowners association
need a calif lawyer specializing in homeowners association problems. my association has determined that my condo unit was the result of flooding the adjacent unit. they have charged me $650 for the re… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
Can a homeowner in an HOA community ask for the status, not
Can a homeowner in an HOA community ask for the status, not detailed information, on a violation that has been turned in? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
We have a tree that is on the homeowners association land.
We have a tree that is on the homeowners association land. Due to the hurricane it is leaning away from our property, however the "uprooted", root system, has uprooted my fence. The association voted … read more
socrateaser
socrateaser
1,031 satisfied customers
Can a HOA make homeowner insurance required for a unit
Can a HOA make homeowner insurance required for a unit owner? Can the HOA make insurance required for tenants who rent a unit in HOA? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Are homeowners in an HOA community also part owners of the
Are homeowners in an HOA community also part owners of the common areas? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
When there is a dispute between a homeowner HOA board of
when there is a dispute between a homeowner HOA board of directors what conditions are required before the Board can consider the issue is closed … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,180 satisfied customers
Can a homeowners association deny a homeowner's application
Can a homeowners association deny a homeowner's application to plant trees within his property borders because it has a drainage easement where the trees will be planted? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x