Do Florida sunshine laws apply to HOAs?

These are the so-called “Sunshine Laws” applicable to condominium associations, although Florida’s Government in the Sunshine Law does not apply to condominium associations, and the use of the term is more in the nature of industry slang.

Can an HOA Board meet in private in Florida?

“In Florida, the only closed board meetings you can have are when you’re meeting with your attorney to discuss litigation or when you’re discussing employment issues,” notes Krut. “There’s no exception for anything else no matter what you call it. When you have a quorum doing business, it’s a board meeting.”

Are HOA fines enforceable in Florida?

Florida law for condominiums, cooperatives, and homeowners’ associations authorizes an association to levy reasonable fines to enforce the governing documents of a community. Condominium and cooperative fines are capped at $100 per day, and further capped at $1,000 in the aggregate for continuing violations.

Do Florida sunshine laws apply to condo boards?

We are frequently asked the question, “What is the Sunshine Law?” Although Florida’s Sunshine in Government Act does not apply to community associations, the statutes applicable to condominiums, cooperatives, and homeowners’ associations each contain their own “sunshine” requirements.

Do sunshine laws apply to HOA?

Frequently the term Sunshine Law wrongly comes up with regard to the operation of an HOA. While the specific sunshine statutes and the Freedom of Information Act only apply to government bodies, HOAs have their own “sunshine” type of requirements; either dictated by their governing documents or state statutes.

What is the sunshine law in Florida?

What is the Sunshine Law? Florida’s Government-in-the-Sunshine law provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss some matter which will foresee ably come before that board for action.

Can husband and wife serve on HOA board in Florida?

Section 718.112(1)(d)2 of the Florida Condominium Act states that in a residential condominium association of more than 10 units, or in a residential condominium association that does not include timeshare units or timeshare interests, co-owners of a unit may not serve as members of the board of directors at the same …

Can HOA board members be sued individually in Florida?

Unhappy homeowners can sue the HOA and the board members individually for any number of reasons; for example, if the HOA fails to properly maintain a common area, or discriminates when enforcing a rule. The best protection against liability as an HOA Board member is to take what you do seriously.

Do sunshine laws apply to Hoa?

What is FL Sunshine Law?

What are the Sunshine laws for community associations in Florida?

Florida’s Condominium Act, Section 718.112 (2) (c), also provides in part, that: Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. … The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. …

What is the Florida homeowners’association Act?

Florida’s Homeowners’ Association Act, Chapter 720, Florida Statutes, and Condominium Act, Chapter 718, Florida Statutes, both provide that when a quorum of the association’s board of directors gathers and discusses association business, such meeting constitutes a board meeting and is subject to the proper notice requirements.

What are the Sunshine laws for condominiums in Florida?

(S.S., via e-mail) A: Section 718.111 (12) (c)1 of the Florida Condominium Act provides that condominium association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.

What are the laws for a community association?

Although there are similar open meeting requirements for community associations, they are private organizations that are governed by entirely separate laws. Both homeowners’ associations and condominium associations are required to provide members with notice and access to meetings in which association business is discussed.