Pavilion from the Ocean

Pavilion from the Ocean

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This forum, by owners for owners, provides useful information for owners to view and discuss.

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REMEMBER: Board Meetings must be held in the Sunshine


Meetings of the board at which a quorum of the directors is present and discussing association business constitutes a board meeting and must be open to all owners. There is no getting around this; if there are enough directors sitting by the pool discussing association business to constitute a quorum, it is a de facto board meeting that should have been properly noticed in advance so owners could join in or listen to the discussion.

There is no exception for "executive sessions", brief chats or emails that substitute for a discussion that should more properly take place during a board meeting that is open to the members. Asking your association counsel to sit in on a board meeting does not, in and of itself, make it a closed meeting. Your counsel must be present to discuss proposed or pending litigation to warrant closing the meeting to the owners and even then the closed meeting must still be properly noticed to the members as a closed discussion with counsel regarding litigation issues.

Florida law requires associations to post notice of all regular board meetings at least 48 continuous hours preceding the meeting except in an emergency.

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