Q: Are HOAs in FL required to conduct architectural reviews in public meetings?
I am a new member of the Board of Directors for my HOA. In the certification course for new directors, we were told that architectural reviews must be conducted in public meetings just like Board meetings. However, members of our Board who have been members for years say that our association's documents have wording that makes it unnecessary for us to conduct reviews in public. Can that be correct?
I am in Boca Raton, FL, and need an answer from a Florida attorney. My VPN seems to be connected to a location in New Jersey, which is confusing my location for this website.
A: Architectural reviews are required to be discussed and approved at open meetings if the committee has final say. If the board is reviewing them they need to be reviewed at board meetings. While your documents could possibly provide for a different method, unless your documents are really old, like before the mid-1990s, state law required this and state laws take precedent over HOA documents but it is the law that existed at the time the documents were recorded unless there is language in a new law that states it is intended to be applied retroactively.
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