Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference.
| Meeting Type | Condo/Co-op | HOA |
|---|---|---|
| Board meeting(s) | 48 hours posted notice with agenda, except in an emergency (or pursuant to the condo/co-op documents). | 48 hours posted notice, except in an emergency (or pursuant to the governing documents). |
| Budget meeting(s) | 14 days mailed, hand delivered, or electronically transmitted (to those unit owners who consented in writing to receive electronic notice) notice with a copy of the proposed budget, and posted notice (or pursuant to the condo/co-op documents). Effective July 1, 2021, the board must adopt the annual budget at least 14 days prior to the start of the association’s fiscal year (see Chapter 2021-135, Laws of Florida). | Pursuant to documents. |
| Annual meeting(s) without election and membership meetings generally | 14 days mailed, delivered, or electronically transmitted (to those unit owners who consented in writing to receive electronic notice) and posted notice (or pursuant to the condo/co-op documents). | 14 days mailed, delivered, or electronically transmitted (to those owners who consented in writing to receive electronic notice), and posted notice (or pursuant to the governing documents). |
| Annual meeting(s) with election or election as provided in the documents | The first notice must be mailed, delivered, or electronically transmitted (to those unit owners who consented in writing to receive electronic notice) at least 60 days prior to a scheduled election; the second notice must be mailed, delivered, or electronically transmitted (to those unit owners who consented in writing to receive electronic notice) and posted at least 14 days in advance of the scheduled election. | 14 days mailed, delivered, or electronically transmitted (to those owners who consented in writing to receive electronic notice), and posted notice (or pursuant to the governing documents). |
| Nonemergency Special assessment(s) or Regular assessment(s) | 14 days mailed, delivered, or electronically transmitted (to those unit owners who consented in writing to receive electronic notice) and posted notice (or pursuant to the condo/co-op documents). The purpose and estimated amount of regular or special assessment(s) must be included in the meeting notice. | 14 days mailed, delivered, or electronically transmitted (to those owners who consented in writing to receive electronic notice), and posted notice (or pursuant to the governing documents). |
| Board meeting(s) to adopt rules regarding unit or parcel use | 14 days mailed, delivered, or electronically transmitted (to those unit owners who consented in writing) and posted notice (or pursuant to the condo/co-op documents). | 14 days mailed, delivered, or electronically transmitted (to those owners who consented in writing to receive electronic notice), and posted notice (or pursuant to the governing documents). |
| Committee meeting(s) | Committees that take final action on behalf of the board or make recommendations to the board regarding the association budget must post notice of their meetings at least 48 hours in advance (or pursuant to the condo/co-op documents) with agenda, and the meetings must be open to the unit owners.
Committees that DO NOT take final action on behalf of the board or make recommendations to the board regarding the association budget must post notice their meetings 48 hours in advance (or pursuant to the condo/co-op documents) with agenda, and the meetings must be open to the unit owners, UNLESS the bylaws provide otherwise. |
Must be posted 48 hours in advance when a final decision will be made regarding the expenditure of association funds and to meetings of any committee vested with the power to approve or disapprove architectural decisions with respect to a specific parcel owned by a member of the community (or pursuant to the governing documents). |
| Association attorney meeting(s) | 48 hours posted notice, except in an emergency (or pursuant to condo/co-op documents), but such meetings are not open to unit owners when the meeting is regarding proposed or pending litigation if the meeting is held for the purpose of seeking or rendering legal advice. | 48 hours posted notice (or pursuant to the governing documents), but such meetings are not open to owners when the meeting relates to proposed or pending litigation and the contents of the discussion would otherwise be protected by attorney-client privilege. |
| Board meetings held for the purpose of discussing personnel matters | 48 hours posted notice, except in an emergency (or pursuant to condo/co-op documents), but such meetings are not open to unit owners. | 48 hours posted notice (or pursuant to the governing documents), but such meetings are not open to owners. |
Originally posted on floridacondohoalawblog.com Written by Kathleen O. Berkey, AICP of Becker & Poliakoff, P.A.,