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