West Palm Beach, FL asked in Business Law and Real Estate Law for Florida

Q: Isn't an action without a meeting a violation on the Board's part of the Florida Sunshine Law?

Our Board President is out of town for five months of the year and will not allow any other Director in our HOA to run a meeting. All meetings in these five months are actions taken without a meeting.

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2 Lawyer Answers
Ayesha Chidolue
Ayesha Chidolue
Answered
  • Lake Mary, FL
  • Licensed in Florida

A: Here in Florida, meetings by the board are determined by or in accordance with the Bylaws of the Corporation, so that would be a good place to start. In any event, a special meeting can generally be called by The president, chair of the board of directors; board of directors; other officers or persons as are provided for in the articles of incorporation or the bylaws; and the holders of at least 5 percent of the voting power of a corporation when one or more written demands for the meeting, which describe the purpose for which the meeting is to be held, are signed, dated, and delivered to a corporate officer.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: Depends upon the wording of the wording of the HOA governing documents. You should consult with an HOA attorney in your area to have the governing docs reviewed. Then decide your next step.

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