Fort Lauderdale, FL asked in Uncategorized for Florida

Q: Can you vote for annual Board of directors via zoom?

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1 Lawyer Answer
Michael  Mayoral
Michael Mayoral
  • Coral Gables, FL
  • Licensed in Florida

A: Section 718, Florida Statutes is the law that governs condominium associations in Florida. Section 718.112(2)(b)(5), Florida Statutes allows the board of directors or the association committee to meet via telephone, real-time videoconferencing, or real-time electronic or video communication.

This statute also allows the board or committee members who attend via those platforms to vote as if physically present. However, this provision also requires that a speaker must be used so that the board or committee member conversations can be heard by the board or committee members who attend in person and any other unit owners present at the meeting.

Additionally, Section 718.112(2)(c), Florida Statutes allows unit owners to attend all board meetings, with exceptions for board meetings to discuss attorney-client privileged or personnel matters. This right to attend all “open” board meetings include the right to speak at the meetings with reference to all designated agenda items.

The board can keep meeting through Zoom. However, it must also provide a physical location where unit owners who do not have access to Zoom can attend the meeting in-person. Also, it is not enough to provide in-person access to the meeting.

The association must make sure that there is a speaker or some other system that will allow any board members or unit owners who attend in-person to be able to interact and speak with the board members on Zoom.

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