Ask the Expert:

Mark D. Friedman, Esq.

Becker & Poliakoff, P.A.  

Condominium Law Made Simple 

Board Meetings

Board Certification Classes

The law regarding Board Certification was first introduced for Condominiums in 2008 and has evolved to its current form over the past four years.  The current version of the law provides that all Condominium Board members must either certify that they read and understand their governing documents and will uphold them or, in the alternative, take a three-hour Board Certification class. This class may be taken up to one year prior to being seated on the Board or within ninety days of being elected or appointed to the Board.    Under the current version of this Condominium Act, such certifications received are valid for as long as one continues in uninterrupted service to the Board.  Becker & Poliakoff, P.A. offers Board Certification classes for both clients and non-clients.  The following are some typical questions about the notice requirements for Board meetings.

What are the notice requirements for board meetings?

The manner in which Board meeting notices are provided and the time frame for such notices are important.  Notice of a board meeting generally must be posted on a conspicuous place on the condominium property forty-eight hours in advance of the meeting. 

Are there any exceptions to the notice requirement?

There are exceptions which require a longer notice period.  If the board holds a meeting to do any of the following, notice must be mailed or hand delivered to the membership and posted on the property at least fourteen days in advance of the meeting or such longer time frame as may be required by the declaration of condominium or bylaws.  Evidence of compliance must be filed in the association's official records in the form of an affidavit executed by the person providing the notice.

The exceptions to the "48-hour notice" rule are as follows:

Rules regarding the use of the units

Voting on rules regarding the use of the condominium unit requires that notice be given no less than fourteen days prior to the meeting.  This does not apply to any other types of rules. 

Assessments

Any time the board considers either the annual assessment (budget) or a special assessment, the members must be given a minimum of 14 days' notice.   The board must examine the notice requirements in its governing documents to determine whether a longer notice is required. Some bylaws require a thirty day notice for budget or special assessment meetings. 

Insurance Deductibles

The Board must meet annually to determine its insurance deductible. This meeting requires at least 14 days' notice.

Emergency Meetings

An emergency meeting, as determined by the Board, is one which cannot wait 48 hours without risking significant damage to the property or injury to the residents.  Once the emergency is resolved, the Board should hold a meeting with 48 hours notice to ratify the emergency decisions made.

State of Emergency Declared

If the governor declares a state of emergency for the locale in which your condominium is located, the Condominium Act permits both board meetings and members' meetings to be held with notice given in any practicable manner.  Examples of such methods of notification include publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may also be communicated by these methods. 

Mark D. Friedman, Esq. is a senior attorney at the West Palm Beach office of Becker & Poliakoff, P.A.   You may contact him at CondoLaw@becker-poliakoff.com

http://www.becker-poliakoff.com