Can Your Condo Board Vote by E-mail?

By Christene M. Ertl, Attorney

In the age of technology most of us communicate with one another using electronic mediums, such as email, a majority of time.  For those who serve as a director on their condominium association board, using email communication to exchange information has proven to be very helpful.  On the other hand, there are questions about a board’s ability to communicate by email on condominium business, since Florida Statutes require most all Board meetings to be open to members.

Recently the Florida legislature amended Fla.Stat. §718.112(2) to clarify how email could and should be used by condominium board members.  As of July 1, 2014, board members may “use e-mail as a means of communication but may not cast a vote on an association matter via e-mail.”  This solution attempts to satisfy both sides by 1) allowing board members to be more efficient at their meetings, while acknowledging that in this technology age it is practically impossible to restrict board members from communicating by email and 2) still requiring that decisions of the board be made at open meetings where members have a right to attend.