Q: Does notice of a homeowners’ association board meeting with an attorney require an agenda to be posted? (W.C. via e-mail)
A: No. The Florida Homeowners’ Association Act does not require posting of an agenda for any board meeting, only posting notice. I do believe that a notice should be posted, even for properly closed meetings of the board with legal counsel.
In the condominium setting, notice and an agenda must be posted 48 hours in advance of board meetings. Again, I recommend posting a notice even for permissible closed meetings with association counsel. The state agency which enforces the condominium law has made at least one ruling to this effect.
The agenda for closed board meetings should be prepared or reviewed by the association’s attorney to avoid the risk of inadvertent waiver of the attorney-client privilege.
Written by Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Originally posted on FL Condo HOA Law Blog