HOA Q&A: Can we give notice about a Board meeting electronically?
Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning, and business law.
Q: What are the requirements regarding electronic Board meeting notices as governed by "Florida Administrative Codes, section 61B-75.002 Electronic Transmission of Notices"? K.B., Naples
For regular board meetings, the statute requires that notice be posted conspicuously on the property at least 48 continuous hours before the meeting, except in an emergency. Chapter 718 (Condominiums), Chapter 719 (Cooperative Associations), and Chapter 720 (Homeowners’ Associations), provide that the association may provide notice of certain meetings, including Board meetings, by electronic transmission to those owners who consent to receive notice by electronic transmission. This means that the association may email meeting notices to owners who consent to receive email notice instead of snail mail and/or posting.
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61B-75.002 of the Florida Administrative Code adopts rules relating to these statutory rights granted by Chapter 719 (Cooperative Associations). The rules provide, among other things, that in order to be effective, consent given by an owner and any revocation of such consent must be in writing and must be signed by the owner. The rules further provide that in order to be effective, electronic notices must contain all attachments and information required by law.
Note that any email address designated by an owner for the purpose of receiving notice via electronic transmission is a part of the official records of the association and open to inspection by other owners in the community.
Lee-Anne Bosch, Esq., is a Partner of the Law Firm of Goede, DeBoest & Cross, PLLC. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
This article originally appeared on Treasure Coast Newspapers: HOA Q&A: Can we give notice about a Board meeting electronically?
