Navigating New Compliance

Key Changes to Florida Condominium Board Meeting Requirements

By Casey Amaya, Esq. / Published November 2024

The recent wave of Florida condominium legislation has introduced new meeting requirements—effective July 1, 2024—that boards are to address. While these changes may be easily overlooked due to their subtle integration into the law, it is essential for boards to ensure compliance and to understand their options for adhering to these requirements. House Bill 1021 (HB 1021) and its counterpart, Senate Bill 1178 (SB 1178), introduced significant updates to Florida Condominium Law, including amendments to Sections 718.112(2)(c) and 718.112(2)(c)(3) of the Florida Condominium Act. These provisions outline fundamental requirements and rights related to board meetings for residential condominium associations.

     Previously Section 718.112(2)(c) granted unit owners the general right to “speak” at board meetings about any items listed on the face of the agenda. Under SB 1178, this right was expanded. Now this section specifies that “at least four times each year, the meeting agenda must include an opportunity for members to ask questions of the board.” Additionally, condominium boards managing associations with more than 10 units are required to meet once each quarter, while those with 10 units or fewer are not subject to this requirement (referred to as the “10-unit Exception”).

     This raises a potential contradiction regarding whether boards of smaller condominiums (i.e., that fall under the 10-unit Exception) should meet at least four times a year to answer in-meeting membership inquiries. Nevertheless, for larger condominiums, the law mandates at least one quarterly meeting. Still, if only these four minimally required meetings are scheduled, the board must include a designated time for member questions before adjournment. On this note, the right to attend board meetings now also includes the right of unit owners to ask questions relating to reports on the status of construction or repair projects, revenues and expenditures during the current fiscal year, and other issues affecting the condominium.

     Even so, there is no lawful requirement for the board to respond. As such, questions can arguably be set aside for further research or ignored if they could negatively impact the association’s legal or other interests. Additionally, boards have the authority to establish guidelines for the questioning process, as the law allows associations to adopt reasonable written rules overseeing the frequency, duration, and manner of unit owner statements at board meetings.

     SB 1178 ushered in another noteworthy change as the prior language found under Section 718.112(2)(c)(3) was relocated to a newly established subsection (subsection 5) and has since been replaced with the following text:

     Notice of any meeting in which regular or special assessments against unit owners are to be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments. If an agenda item relates to the approval of a contract for goods or services, a copy of the contract must be provided with the notice and be made available for inspection and copying upon a written request from a unit owner or made available on the association’s website or through an application that can be downloaded on a mobile device.

     Owners and board members may interpret this paragraph to mean that a copy of the contract must be attached to the notice whenever an agenda item relates to work for a regular or special assessment. However, a closer examination of the new language indicates that boards are only obligated to include copies of contracts with the meeting notice if the contract is to be approved at that specific meeting, as this action would directly “relate to the approval of a contract.”

     The Florida Senate similarly supports this interpretation of the new clause. This is noted in the Senate’s bill analysis and fiscal impact statement of SB 1178, dated February 26, 2024, which states in part: “Regarding meetings of the boards of administration for condominium associations, the bill requires associations to include a copy of the proposed contract if the notice for a board meeting relates to the approval of a contract.”

     The revised provisions enhance unit owners’ rights to participate in board meetings, while the requirements for meeting notices related to assessments and contracts underscore the importance of thoroughly understanding the laws. Ultimately, as these changes signify a move toward more inclusive governance, boards must remain vigilant to ensure they achieve transparency without overburdening their capacity to operate and manage the condominium association.

Casey Amaya

Attorney at Law, Becker

     Casey Amaya is an associate attorney in the firm’s community association practice group. Casey graduated magna cum laude from St. Thomas University Benjamin L. Crump College of Law, with a CALI Award in Florida condominium law and certifications in real estate and admiralty and maritime law.. For more information, call 305-260-1037, email camaya@beckerlawyers.com, or visit www.beckerlawyers.com.