Florida

Florida Annual General Meeting Requirements for Condos, Co-Ops, and HOAs

Florida has many common interest developments throughout the state. Each development is governed by a different law, but all associations must hold annual meetings. One of the most challenging aspects of scheduling association meetings is choosing a date, time, and location that is convenient for everyone. BuildingBoard has a better way to conduct association meetings.

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Population

21,477,737

Housing Units

9,673,682

Owner Occupied

65.40%

Associations

48,500

Simplify Your Board Meetings in Florida With BuildingBoard

With BuildingBoard, your members and directors can remotely attend live board meetings and member meetings. Our platform is easy to use. It does not require downloading software or apps. All your members need is access to the internet and a web browser. Then, they can attend the meeting and submit votes electronically through our system. There is nothing for them to set up or learn.

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Risks of Missing a Quorum in Florida

Quorums can be frustrating for board members and unit owners. Without a quorum, you cannot elect board members or officers nor transact any association business that requires a member vote. In addition, rescheduling meetings can be costly when you fail to have a quorum present.

Annual General Meeting Requirements

The annual meeting is held to conduct business that impacts the entire community. However, these meetings may also provide owners and shareholders the opportunity to voice concerns or issues.

Condos

Condominiums are subject to the provisions of the Florida Condominium Act. The operation of the association is governed by the bylaws and the articles of incorporation. The bylaws must provide the following, but are not limited to:

  • A majority of the voting interests is required for a quorum at a members meeting unless otherwise stated in the bylaws
  • Except as expressly provided within the code, unit owners may not vote by general proxy, only by limited proxies 
  • Proxies may be used to establish a quorum
  • A committee member or board member’s participation in a meeting electronically counts toward a quorum
  • An annual meeting of the unit owners must be held in a location provided in the bylaws or within 45 miles of the condominium property, except for associations governing timeshare condominiums 
  • Written notice of the annual meeting must contain the agenda and must be provided at least 14 days before the annual meeting (the notice must also be posted in a conspicuous place on the condominium property for 14 continuous days before the meeting)

Section §718.128 permits the association to hold unit owner votes and elections by using an internet-based online voting system with the written consent by the unit owner. All requirements under the code section must be met for electronic voting to be valid.

Co-Ops

Co-ops are subject to the Cooperative Act. Specific statutes within the Act that apply to annual meetings including, but are not limited to:

  • Unless the bylaws state otherwise, a majority of voting interests constitutes a quorum at a meeting of the members
  • Unless the code explicitly allows, unit owners may not vote by general proxy after January 1, 1992
  • Limited proxies may be used as adopted by the division
  • Proxies may be used to establish a quorum
  • Except under limited circumstances, proxies are not used to elect board members
  • Board and committee members participating electronically count toward a quorum
  • There must be an annual meeting of the shareholders
  • Notice of annual meetings must be posted on the property for 14 continuous days and given to each unit owner at least 14 days before the meeting

Section 719.129 permits the association to hold unit owner votes and elections by using an internet-based online voting system with the written consent by the unit owner. All requirements under the code section must be met for electronic voting to be valid.

HOAs

HOAs in Florida are subject to the Homeowners’ Association Act. Many of the provisions of the HOA laws are the same or similar to co-ops and condominiums. Some of the provisions of the Act that apply to annual meetings include, but are not limited to:

  • The association shall hold an annual meeting for members
  • Special meetings may be held as necessary
  • Notice of the annual meeting must be given at least 14 days before the meeting by mail, delivery, or electronic transmission
  • Members have the right to vote by proxy unless otherwise provided in the code or the association’s governing documents
  • Unless otherwise provide by the bylaws, 30 percent of the total voting interests constitute a quorum 
  • Members present in person or by proxy count toward a quorum

Electronic voting is permitted if a member consents in writing and all requirements under the code are met. Members voting electronically are counted as being in attendance at the meeting to determine a quorum.

Virtual Annual Meetings in Florida

Section 617.0721 of the Florida Not for Profit Corporation Act states that the board of directors may authorize members who are not present to participate in a meeting by remote communication and be deemed present in person to vote at the meeting.

The HOA, co-op, and condominium acts do not provide for remote meetings. However, each Act does refer to emergency powers. Boards can consult with their lawyers to determine if emergency powers give them the right to hold remote meetings. If not, does being subject to the Not for Profit Act give them authority to conduct remote meetings?

As always, the bylaws and articles must be considered as controlling, unless they violate the law.

Hold Your Florida Annual Board Meetings Virtually with BuildingBoard

BuildingBoard is easy to use, convenient, and avoids problems reaching quorums. Schedule your meeting, invite members via email, and conduct the vote on the day of the meeting. Your members vote via their smartphone or computer.

Are you ready to simply your annual meetings? Contact BuildingBoard to learn more about our services and to schedule a demo.

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