It Just Takes a Minute Recording Board Business Property

“Get it in writing,” is a time-honored axiom. For Florida condominium associations, cooperatives and homeowners’ association it is more than advice, it is the law. A primary responsibility of all association boards is to hold regular, advertised and accessible meetings for community association residents. Additionally there must be a written record of the meetings and those records must also be readily accessible for no less than seven years.

Go By the Book

Florida Statutes 720.303 (3), explains Ben Solomon, Esq., a senior partner at the law firm Association Law Group, PL, in Miami, spells out how minutes must be kept and maintained.

“Minutes of all meetings of the members of an association and of the board of directors of an association must be maintained in written form or in another form that can be converted into written form within a reasonable time,” the statute 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.”

The next section of Florida statutes 720.303 (4) (f) also requires that associations maintain the minutes of all meetings of board directors and members “for at least 7 years.” The minutes are considered the “official records” of the association. Similarly, Florida Statutes Chapter 718 governs condominium associations, and contains similar provisions requiring minutes to be maintained for a period of seven years, Solomon says.

An Official Record

“An association is a business and must take meeting minutes to preserve the record of business of the association,” states Jane F. Bolin, Esq., a managing partner with the law firm of PeytonBolin, PL, in Fort Lauderdale. She adds that generally it is the association secretary who is assigned the task of minute-taking.

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2 Comments

  • Can a resident of a community with an HOA board request access of HOA minutes and Profit and Loss statements for the last 3 years? How does a community resident go about getting this information from the HOA board?
  • Our coop board is stating that a complete roof replacement is a DEFEERED MAINTENANCE and therefore not a capital expenditure. After reading Florida administrative code chapter 61B-76.001 (2) I am not sure that the board is correct. Thank you Erwin Mayer