Florida HOA Committee Meeting Procedures Overview
HOA committee meetings are gatherings of volunteer members within a homeowners association (HOA) that are charged with specific responsibilities and objectives. These meetings are separate from the official business of the HOA board of directors, but serve a critical role in the overall governance of the community. Committees are formed to handle specific tasks, such as planning social events, overseeing maintenance, managing landscaping, or addressing issues related to architecture and design. By delegating these tasks to committees, the HOA board can better focus on the broader issues that affect the entire community.
The importance of these meetings cannot be overstated. They help foster a sense of community involvement and collaboration among residents. Committee meetings also provide an essential platform for homeowners to air their concerns and contribute to the decision-making process. This not only empowers homeowners, but also allows the HOA board to make more informed decisions when presented with the diverse perspectives of various stakeholders .
Moreover, Florida law requires that many of these committee meetings be open to the membership of the HOA. This transparency is vital for the effective governance of the community, as it ensures that business is conducted in an open and fair manner. For example, section 720.303 of the Florida Statutes requires that all meetings of the board of directors, the architectural review committee, and any other committees that have the authority to exercise powers that the board of directors is otherwise entitled to exercise be open to all members. This mandatory openness ensures that all residents have an opportunity to be involved in the decision-making processes that affect their homes and neighborhoods.
In summary, while often overlooked, HOA committee meetings are a crucial systemic component of a homeowners association. These meetings ensure that every member of the HOA is given an opportunity to participate in the community. Further, Florida law mandates that they be open to every member.
The Law Governing HOA Committees and Their Meetings in Florida
The legal regulations for Florida HOA committees are found in the Florida Statutes and the governing documents of the community association. The Florida Condominium Act, the Florida Cooperative Act, and the Florida Mobile Home Act all require that committee meetings be open to unit owners and members and prohibit board members from attending as a committee member.
From a regulatory point of view, the relevant statute governing homeowner associations is the Florida Homeowners’ Association Act, found in Chapter 720 of the Florida Statutes. Section 720.303(1) of this Act requires the board of directors of a homeowners’ association to conduct an open meeting within the state at which or after which the members may submit oral or written comments on designated agenda items before the board takes official action on those items. Meetings of a committee, however, do not have to be open to all members so long as official notice is given, minutes of the committee meeting are recorded, and the committee does not make final decisions on behalf of the board. Unless it is a public body, the committee generally is not required to conduct a meeting that is open to homeowners or members.
Local ordinances may impose additional requirements on associations either directly or indirectly. For example, if an association elects to have a committee, local ordinances may require that the meetings be open to the public and have a particular notice and minutes requirements.
Florida HOA Association Committee Meeting Requirements
Much like the board, the committees of a Florida homeowners’ association (HOA) must give notice of their meetings and comply with certain procedural requirements. In order to comply with statutory and governing documents requirements, the scheduling and conducting of HOA committee meetings must follow proper procedures.
Florida Statute 720.303(2)(b) requires each HOA to adopt a process for member requests to speak at meetings and requires a committee meeting to be open to any member or their representative who wishes to attend. While members are permitted to speak at the meetings, they are not necessarily permitted to address the committee during its deliberations. Unlike boards, which are required to allow for a right to speak by members, committees are not specifically required to adopt rules to allow a right to speak at meetings or hearings before the committees.
Florida law requires that committee meetings must be held at locations within the associations in a manner convenient to the members. Committees may establish reasonable rules governing the frequency, duration and manner of member statements. While boards are required to give at least 48 hours’ notice of meetings, committee meetings only require 48 hour notice if written requests are submitted by at least ten percent of the parcels.
If a committee is created to make a recommendation to the board or to exercise authority delegated to it from the board, notice of the committee meeting is not required to be sent to members. However, if the committee’s powers and duties include making earlier recommendations to the board on behalf of the membership, members must be noticed of the committee meeting that is going to consider the proposals being made by the committee.
Procedural Rules for Florida HOA Meetings
The rules for conducting HOA and condo common area committee meetings are governed by Florida Statute section 720.3035. In order for a committee to "meet", a quorum needs to be present for the transactions to be valid. A quorum is defined as a majority of the members on the committee. For example, if your HOA or condo has a three person Architectural Review Committee, a quorum would be two people. In the case where the quorum is not met, it is up to the committee chair and members present to decide whether to adjourn or continue the meeting without a quorum if all board member interests have been covered.
Another important requirement listed under the statute is that meetings of any committee that includes individuals appointed by the board may be noticed to every member in the community. As with the board itself and any other HOA meetings, the notice should include the date, time, location, agenda, and a statement about how the committee’s actions may be discussed and ratified at subsequent board meetings. Of course, the usual HOA committee requirements that apply to board meetings also apply to committee meetings, including that formal minutes should be recorded and kept.
Florida HOA Meetings: Common Problems and Solutions
Common Challenges in HOA Committee Meetings
While understanding the requirements for Florida HOA committee meetings is important, it is equally as important to understand the common challenges that can arise during these meetings, and how to effectively manage them.
One challenge clients often face in meetings is how to handle the communication of homeowners that are not present. For instance, some people will email a board member or other committee member to share their thoughts on an issue or respond during a time when the board member is present at a meeting but unwilling to allow the homeowner’s email comments into the record. Often this is done to avoid the communications part of the open forum or limited open forum during the meeting. Homeowners should be made aware that any written communications to a board member is subject to Sunshine Law and that unless those communications are made at a meeting, they must be kept separate from the record maintained at the association’s regular business office, as Sunshine Law requires that all records be made open to owners upon request. For that reason, homeowners should refrain from sending emails or otherwise communicating comments in a manner that will reduce access to that communication in the record.
Another potential challenge is ensuring that committee members are focused during the meeting. Residents are sometimes inclined to become distracted due to their desire to interact with other homeowners as well as to review the documents and records that are present . Additionally, some residents may think that this may be the only opportunity that is convenient to address their issues. As an alternative, some associations will provide opportunities for resident interaction outside of the normal scheduled meetings. For example, if an issue comes up during a regular board meeting that requires additional time or discussion, the board should consider scheduling a special meeting solely for the purpose of allowing residents to provide their input. This extra effort shows residents that it is important for the board that they have a forum for their opinions to be heard.
Another important element to developing a culture of good meeting protocol is consistency. Regularly scheduled meetings are a good way to develop a standard for meeting materials and organization. For instance, if materials are always sent out one week in advance, this provides committee members ample time to review the items before the meeting and ask questions if need be. Similarly, if the meetings are consistently held on a specific day or time, this allows homeowners to become familiar with the location as well as the topics for discussion. Board members should ensure consistency from month to month, as deviations from the standard can lead to confusion.
Additionally, if board members utilize the proper protocols for addressing a motion – who introduced the motion, second, discussion, and votes in that order, this will provide better clarity as to how to make the motions needed for meetings to run smoothly, and help to eliminate confusion.
How to Keep Your Meetings Compliant and Transparent
In addition to the reasonable purpose requirement, Florida’s HOA statutes require that committee meetings be conducted in accordance with a process designed to maintain the fairness and transparency of the election process. Much of this process involves proper notice to the members of the meetings and their right to attend and observe the work of the committees. In addition, the officers of the committee must post the agenda for the meeting at least forty-eight (48) hours in advance of the meeting (excluding Saturday, Sunday, and legal holidays), which agenda must be posted on the property or, if there is none, at another location designated for posting of official notices of the association. If there is a website for the association, the agenda must also be posted on the website.
If the committee will approve or recommend approval of expenditures of funds, financial statements reflecting the current year-to-date receipts and expenditures must be included on the agenda or made available to members of the association before the committee considers the approval or recommendation of the expenditures. Further, minutes of every committee meeting are to be promptly recorded in written form and made available for inspection by the members within fifteen (15) days of the committee’s meeting. This makes it critical that the committee has staff support that will draft and circulate the minutes for review as soon as possible after the meeting. Of course, the actual meeting may be recorded by a member of the association, so private conversations and comments should be kept to a minimum.
Finally, a committee is not authorized to take final action on behalf of the Board of Directors or the association unless this authority has been specifically delegated to it. If an HOA Board of Directors establishes a committee pursuant to the statutory requirements, this delegation will be apparent in the board resolution establishing the committee.
What Happens When Florida HOA Committees Don’t Follow the Law
If an HOA committee fails to meet the requirements of the statutory or governing documents, or both as set out in the previous section, there are a number of potential issues that face the committee and the HOA. First, the minutes of any committee meetings not recorded in compliance with the above provisions will be deemed unauthorized and invalid by an aggrieved unit owner. This could potentially lead to liability for any members of the committee who take actions outside the scope of their authority in reliance of the committee minutes.
Second , unit owners of the association may bring an action to enforce the statutory and/or governing document requirements and obtain an injunction stopping the committee from conducting any further meetings until proper statutory and/or governing document requirements are met.
Third, officer, director and committee member terms may become invalid requiring an election or appointment pursuant to the statutory and/or governing documents requirements.
Fourth, the conduct and business of the committee as well as that of the association may be compromised to the detriment of the association and its members as a whole.
Fifth, the issue of whether the board approved the sale of common area after the fact was adopted into the minutes is likely to be challenged by a home owner.