UNDERSTANDING CONDO MEETING NOTICES

Understanding Meeting Notice Requirements for Florida Condominium Associations

**Always check your governing documents. They may not be more flexible than the state law, but they may be more strict. In that case you must follow your associations governing documents.

As a unit owner or board member of a Florida condominium association, it's crucial to understand the specific rules and requirements surrounding meeting notices. These rules ensure transparency, provide unit owners the opportunity to participate, and maintain compliance with Florida's condominium laws. Below, we'll explore the different meeting notice requirements for Board of Administration meetings and unit owner meetings under Florida law.

1. Board of Administration Meetings:

The notice requirements for board meetings vary depending on the nature of the meeting. Here’s a breakdown of what you need to know:

Standard Board Meetings:

Notice Requirement: Notice for all board meetings, along with the meeting agenda, must be posted conspicuously on the condominium or cooperative property at least 48 hours prior to the meeting. This gives unit owners sufficient time to be informed of the meeting and its agenda.
Exemptions: The 48-hour notice requirement does not apply in emergency situations. For instance, if there’s an urgent issue that requires immediate attention, the notice may be shorter, but the meeting must still be properly noticed to the extent possible.

Special Board Meetings Involving Specific Decisions:

Certain decisions—such as non-emergency special assessments or amendments to rules affecting unit use—require more advanced notice. In these cases, the notice must:

Be mailed, delivered, or electronically transmitted to unit owners
Be posted conspicuously on the condominium or cooperative property
Be provided at least 14 days prior to the meeting

These extended notice periods are designed to ensure unit owners have enough time to consider and respond to significant matters that could impact them financially or otherwise.

Relevant Statutes:

Condominium Associations: Section 718.112(2)(c), Florida Statutes
Cooperative Associations: Section 719.106(1)(c), Florida Statutes

2. Unit Owner Meetings:

Unit owner meetings are typically held for purposes such as elections, budget approvals, or other important decisions affecting the community. The notice requirements for these meetings depend on the type of meeting being held.

Annual or Special Unit Owner Meetings:

For unit owner meetings, the notice requirements can differ based on the meeting’s purpose. For instance:

Elections: If the meeting involves elections for the board, there are specific timelines for notice:
- First Notice of Election: Must be mailed at least 60 days prior to the scheduled election date.
- Second Notice of Election: Must be mailed no less than 14 days but no more than 34 days before the election.

This ensures that owners have ample time to review candidates, understand the issues, and participate in the decision-making process.

Other Unit Owner Meetings:

For non-election related meetings, the notice must be given as specified in the association’s governing documents, often similar to the board meeting notice requirements, with sufficient time for owners to prepare or submit questions.

Why Meeting Notice Requirements Matter

The purpose of these notice requirements is to promote transparency and ensure that unit owners have the ability to be fully informed and involved in the decision-making processes that affect their community. These rules are designed to:

Give Unit Owners a Voice: Allowing unit owners enough time to review the agenda and participate in the discussions ensures that their voices are heard, especially on critical issues like special assessments or rule amendments.
Promote Transparency: Regularly posting meeting notices gives unit owners the opportunity to attend meetings, ask questions, and hold the board accountable.
Ensure Legal Compliance: Following the correct notice requirements helps protect the association from potential legal challenges, ensuring all decisions are made in accordance with Florida law.

Key Takeaways

Board meetings require 48-hour notice, with a 14-day notice required for special assessments or rule changes affecting unit use.
Unit owner meetings, such as elections, require notice to be mailed 60 days before and 14 to 34 days before the election.
The goal of these requirements is to ensure that unit owners have adequate time to participate and make informed decisions, while promoting accountability and legal compliance within the community.