North Bergen, NJ asked in Real Estate Law for Florida

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.

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.