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Transparency rules can lead to HOA litigation or a recall

On Behalf of | Oct 12, 2023 | Condominium & Community Association Law

Homeowners associations (HOA) can play a crucial role in the preservation of community culture and property values. Yet, they set standards for property maintenance and resident behaviors that some people may find frustrating.

Local homeowners, therefore, have a vested interest in how a local HOA or condominium association operates. They can attend meetings and elect those who will manage the board. If the HOA takes steps to circumvent community involvement, the members of the board could eventually find themselves facing challenges, possibly even attempts to arrange a recall election. Such efforts stem from the rules that currently govern HOA operations in Florida.

What does the law require?

HOAs and condominium boards need to offer residents near-total transparency. They achieve that by having board meetings that are open to the public. They must also provide minutes of the prior meetings that outline the matters discussed in the meeting.

Typically, HOA boards need to meet regularly. Although Florida law does not require a set number of meetings per year, at least one meeting per quarter is usually necessary to handle matters for the community. Many boards choose to hold public meetings at least once a month. They need to provide residents with advance notice of when those meetings will occur and will also need to allow community members to attend and speak at those meetings. Private meetings or intentional obfuscation on the minutes provided for prior meetings could lead to challenges against the board.

Those who serve on an HOA board need to be aware of the transparency requirements if they hope to remain compliant with the law and retain their position on the board accordingly.