For many condominium and homeowners’ association residents, board meetings are where the decisions that affect their daily lives get made. These meetings can determine everything from budget allocations to community rule changes. However, if you’re a homeowner, you may wonder whether it’s legal for board meetings to be held in private, or whether this may violate your rights as a member of the association. Continue reading and reach out to the knowledgeable Florida condo & homeowner association attorneys at Ansbacher Law to learn more. Here are some of the questions you may have:
What Does Florida Law Say About Open Board Meetings?
Under Florida’s Condominium Act (Chapter 718) and Homeowners’ Association Act (Chapter 720), most board meetings must be open to all members of the association. The law recognizes that transparency is essential to maintaining trust within a community. For this reason, members are generally entitled to attend, observe, and, in some cases, speak at board meetings.
There are, however, a few narrow exceptions. A board can meet privately when the discussion involves pending or proposed litigation with the association’s attorney. It can also meet privately to discuss personnel matters, such as hiring or firing employees, or to consult with legal counsel about privileged matters. Outside of these exceptions, meetings must remain open and properly noticed to all members.
What Happens If a Board Violates These Rules?
When a board holds private meetings without proper legal justification, it risks violating Florida’s open meeting requirements. These violations can undermine the validity of any decisions made during those sessions. For example, if a board votes on a budget increase or rule change during a private meeting, that action could later be challenged and invalidated.
Members have the right to hold their board accountable. Typically, this begins with submitting a written request for access to meeting minutes or other association records. If the issue persists, members may file a complaint with the Florida Department of Business and Professional Regulation (DBPR). In some situations, legal action may be necessary to enforce compliance with the open meeting laws.
How Can Homeowners Protect Their Rights?
If you suspect your association’s board is holding private meetings without a valid reason, it’s important to act thoughtfully. Start by reviewing your community’s governing documents, including its bylaws and covenants. These often outline meeting procedures and notice requirements. Then, request clarification from the board about why a meeting was closed. Sometimes, the issue stems from a misunderstanding rather than deliberate misconduct.
When transparency issues persist, speaking with an experienced condominium and HOA attorney can make a world of difference. Ansbacher Law can determine whether the board’s actions violate state statutes or your community’s own governing rules. We can also help you pursue remedies through mediation, arbitration, or litigation if necessary.
If you have additional questions or would like to speak with a knowledgeable Florida condo & HOA lawyer, please don’t hesitate to contact Ansbacher Law for an initial consultation today.