The Board of directors, whether in a HOA or condominium, have the mandate to call for board meetings and invite members to attend. In these meetings, motions are passed and voted for according to how members agree and what the board concludes. The question begs whether it’s a violation of law for a director to approve and implement an Agenda that had not been mentioned or indicated before the Meeting.

The Florida Statutes give a different approach for condominiums and HOAs when it comes to how meetings should be handled in associations. According to Chapter 720 of the statutes, associations are required to pass agendas that include levying a special assessment a specific issue members have requested to be addressed.

In a condominium association, Chapter 718 of the Florida Statutes provide that agenda items should be communicated well in advance before the actual meeting date. The agenda items should be mentioned and posted clearly on the property at least 48 hours before the meeting, unless it’s an emergency that can’t be avoided. This shows that a condominium has no right to pass a motion on an agenda that was not communicated to the members right before the meeting.

The post Does the Board Have a Right to Pass a Motion That Was Not in the Agenda? appeared first on Florida Condo hoapm Blog.