Editor’s note: Attorneys at Goede, Adamczyk, DeBoest & Cross respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, civil litigation, estate planning and commercial transactions.
Q: Can HOA Board Members discuss HOA business in private emails? We have 9 Board Members. If more than 5 are on an email string is this a violation of Florida Statutes?
-C.S., Boca Raton
A: Assuming that your association’s governing documents provide that a majority of the Board of Directors constitutes a quorum of the Board of Directors, then a majority of the Board Members meeting in person would constitute a Board meeting that would have to satisfy the notice requirements set forth in 720.303 Fla. Stat. and your association’s governing documents. However, pursuant to 720.303(2)(a) Fla. Stat., Board Members may use email as a means of communication but may not cast a vote on an association matter via email. Therefore, it is not a violation of the Florida Statutes for your Board Members to discuss your community’s business in private emails, but the Board Members would be prohibited from voting on any association matter in such emails.
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