Punta Gorda, FL asked in Real Estate Law for Florida

Q: Must HOA Board minutes reflect how each individual Board member voted, vs a consolidation of total votes for/against?

Florida Statute 720.303(3) says, “A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes.” Our HOA Board feels that a summary of votes is sufficient, but I know that “all” refers to the entire group as a whole, versus “each”, which refers to all of the members individually. Therefore, it would seem that if the law said “for all directors present”, then a summary or votes would suffice, but since it says “for each director present”, then it must reflect how each board member voted. Is this correct?

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1 Lawyer Answer

A: If the vote is unanimous for or against it is sufficient, in my opinion, to say the vote was unanimous. If you are a board member, this is a question for your association attorney and not for questions posed to strangers in an internet forum, even if they are lawyers. Your fiduciary duty is to ask your association attorney in order to protect you from personal liability for breach of your fiduciary duty.

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