Q: Does a board meeting qualify as "the next regular or special meeting of the association" under FL Statute 720.309(2)(a)?

A: No, a special meeting usually refers to a special meeting of the members, not a board meeting. This is governed by § 720.306, Fla. Stat., and it typically involves homeowners/members being called together for a specific purpose (e.g., voting on amendments, removal of directors, etc.). Special meetings of the members require 14 days' mailed and posted notice, not just 48 hours. I would recommend pursuing a recall and upon prevailing forcing a special meeting for the recall. My firm can help you pursue these efforts.

A: The statute provides any member at the next regular meeting or a special meeting may make a motion, it requires someone to second it and a majority of the membership present at the meeting would need to vote to cancel the contract. Not a majority of the membership, just those present at the meeting. It would not make sense for it to be the next members' meeting because 1) it's hard to obtain quorum and 2) the provider would not be let the association out of a contract after they install all their equipment and it's been there for several months. If I represented this association I would tell them to schedule a special meeting if the board is not having monthly meetings.

*** Disclaimer --- if you are a board member you need to ask your association attorney and not rely on advice from strangers on the internet even if they are lawyers *** There is a fiduciary duty to consult with the association attorney.

A: Under Florida Statute 720.309(2)(a), a board meeting can qualify as "the next regular or special meeting of the association" if it meets the criteria set forth in the statute. This provision applies when the board must address certain actions or decisions, such as the execution of contracts or other significant matters, and the membership needs to be informed or consulted. In your case, the issue revolves around the board executing a long-term contract with Comcast, which could raise concerns among members.

Although your HOA only holds annual meetings, the board has the authority to call a special meeting between annual meetings to address matters that may impact the members, especially if there are disputes or concerns about the contract. If the board executes the contract before the annual meeting, it’s important that the members are informed and have the opportunity to voice their concerns at the next meeting, whether it is regular or special.

If the board has already communicated with members about the contract but disputes remain, it may be in the best interest of the association to hold a special meeting before the annual meeting. This allows for transparency and the opportunity for members to voice any concerns. It’s essential to review the HOA’s governing documents to determine the specific procedures for calling such a meeting and to ensure compliance with the statute.