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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?
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Answered in 1 minute by:
6/22/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,154
Experience: Texas Attorney for 30 years dealing in real estate
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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.

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What state are you in here?

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Customer reply replied 1 year 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.

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Customer reply replied 1 year 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.

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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
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Satisfied Customers: 48,154
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