Board Meetings (25)
Yes, all meetings at which a quorum is present are open to unit owners.
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Yes. Meetings may be closed only to discuss personnel matters or to meet with the association’s attorney regarding proposed or pending litigation.
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Generally, no. A meeting of the board occurs whenever a quorum of directors gathers to conduct association business, regardless of whether a formal vote is taken.
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Yes, as of 2025, board meetings can be entirely virtual.
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Because so many owners and Board members express frustration with bully board members, I’m going to give you the exact steps to recall a board member.
Under Florida Statute § 718.112(2)(j), any board member can be recalled and removed from office—with or without cause—by a vote or written agreement of a majority of all voting interests in the association.
The process is strictly regulated to ensure fairness and transparency. Here is a breakdown of how a recall is initiated and executed as of 2026.
1. The Two Primary Methods
Owners generally choose between two paths to achieve a recall:
A. Written Recall Agreement (Most Common)
Owners sign individual “ballots” (written agreements) indicating which board members they wish to recall.
* The Threshold: You must collect signatures representing a majority (50% + 1) of the total voting interests.
* The Representative: Owners must designate a “Unit Owner Representative” to handle the service of the papers and communicate with the board.
* Service: Once collected, the agreement must be served on the board by certified mail or personal service (process server).
B. Vote at a Special Meeting
Owners can call a special meeting specifically for the purpose of a recall.
* Notice: At least 10% of the voting interests must sign a notice for a special meeting.
* Restriction: Electronic notice (email) is not permitted for recall meetings; notice must be mailed, hand-delivered, or posted.
* The Vote: A majority of all voting interests (not just those present at the meeting) must vote in favor of the recall.
2. The Board’s Mandatory Response
Once the board is served with a written agreement or once a recall meeting is adjourned, the “5-Day Rule” begins.
* Certification Meeting: The board must hold a duly noticed meeting within 5 full business days to determine if the recall is “facially valid.”
* Certification (Approval): If the board certifies the recall, the board member is removed immediately.
* Non-Certification (Rejection): If the board believes the recall is invalid (e.g., signatures are missing or the majority wasn’t reached), they must file a petition for arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes within 5 full business days after the meeting.
* Failure to Act: If the board fails to hold a meeting within the 5-day window, the recall is often deemed effective by law.
3. Post-Recall Requirements
If a board member is successfully recalled, the following rules apply:
* Records Turnover: The recalled member must hand over all association records and property in their possession to the board within 10 full business days.
* Filling the Vacancy: * If less than a majority of the board is recalled, the remaining board members usually fill the vacancy.
* If a majority or more of the board is recalled, a new election is typically held simultaneously (if done by meeting) or organized shortly thereafter.
4. 2026 Legal Context
Under the latest transparency updates (effective January 2026), all recall-related records—including ballots and meeting minutes—must be maintained as official records and, for associations of 25+ units, must eventually be accessible via the association’s secure web portal. Failure to provide these records for inspection can now carry stricter civil and, in some cases of willful destruction, criminal penalties.
> Note: Because the board has a high bar for “facial validity,” it is often recommended to collect 5–10% more signatures than the bare majority to account for potential disqualifications (such as owners not having a valid voting certificate on file).
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No. Casting a vote on association matters via email is strictly prohibited.
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Yes. You have a statutory right to tape or video record meetings, provided you aren’t being disruptive. In 2026, if the Board meets via Zoom, they are required to keep that recording as an official record for a year.
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Absolutely. You have the right to speak on any designated agenda item. The Board can set “reasonable” time rules governing the frequency and duration of such statements, (usually 3 minutes), but they can’t mute you entirely.
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Yes, if the owner has consented in writing to receive electronic notices.
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Generally no, unless it is an emergency. Board can add an agenda item as a “catch all” item to allow questions to be asked on items that may not be on the agenda.
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Yes, board members participating via real-time electronic communication count toward the quorum.
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Unless the bylaws say otherwise, the remaining board members may appoint a replacement to fill the vacancy for the unexpired portion of the term.
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Two. The first notice must be sent at least 60 days before the election, and the second notice (with the ballot) must be sent at least 14 days before.
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At least 48 hours. The Board must post a clear agenda conspicuously on the property. If they’re discussing special assessments or rule changes, you get a 14-day heads-up via mail or digital delivery.
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Written notice must be provided at least 14 days in advance.
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For associations with more than 10 units, the Board must meet at least once per quarter.
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No. An election is valid as long as at least 20 percent of the eligible voters cast a ballot.
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Yes. A board member may not serve more than 8 consecutive years unless approved by a vote of two-thirds of all votes cast or if there are not enough eligible candidates to fill vacancies.
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Yes; at least four times a year, the agenda must allow members to ask questions of the board.
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Yes, in a conspicuous place at least 14 continuous days prior.
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Yes; if conducted via video conference, it must be recorded and maintained as an official record.
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Unless the bylaws provide for a lower number, a quorum consists of a majority of the total voting interests.
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The meeting may be adjourned and rescheduled.
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Unless the bylaws provide for a lower number, a quorum at a meeting of the unit owners consists of persons entitled to cast a majority of the voting interests of the entire association.
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A 14-day notice (posted and mailed/delivered) is required when the board is considering a budget, a special assessment, or changes to rules regarding unit use.
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Board of Directors (5)
Because so many owners and Board members express frustration with bully board members, I’m going to give you the exact steps to recall a board member.
Under Florida Statute § 718.112(2)(j), any board member can be recalled and removed from office—with or without cause—by a vote or written agreement of a majority of all voting interests in the association.
The process is strictly regulated to ensure fairness and transparency. Here is a breakdown of how a recall is initiated and executed as of 2026.
1. The Two Primary Methods
Owners generally choose between two paths to achieve a recall:
A. Written Recall Agreement (Most Common)
Owners sign individual “ballots” (written agreements) indicating which board members they wish to recall.
* The Threshold: You must collect signatures representing a majority (50% + 1) of the total voting interests.
* The Representative: Owners must designate a “Unit Owner Representative” to handle the service of the papers and communicate with the board.
* Service: Once collected, the agreement must be served on the board by certified mail or personal service (process server).
B. Vote at a Special Meeting
Owners can call a special meeting specifically for the purpose of a recall.
* Notice: At least 10% of the voting interests must sign a notice for a special meeting.
* Restriction: Electronic notice (email) is not permitted for recall meetings; notice must be mailed, hand-delivered, or posted.
* The Vote: A majority of all voting interests (not just those present at the meeting) must vote in favor of the recall.
2. The Board’s Mandatory Response
Once the board is served with a written agreement or once a recall meeting is adjourned, the “5-Day Rule” begins.
* Certification Meeting: The board must hold a duly noticed meeting within 5 full business days to determine if the recall is “facially valid.”
* Certification (Approval): If the board certifies the recall, the board member is removed immediately.
* Non-Certification (Rejection): If the board believes the recall is invalid (e.g., signatures are missing or the majority wasn’t reached), they must file a petition for arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes within 5 full business days after the meeting.
* Failure to Act: If the board fails to hold a meeting within the 5-day window, the recall is often deemed effective by law.
3. Post-Recall Requirements
If a board member is successfully recalled, the following rules apply:
* Records Turnover: The recalled member must hand over all association records and property in their possession to the board within 10 full business days.
* Filling the Vacancy: * If less than a majority of the board is recalled, the remaining board members usually fill the vacancy.
* If a majority or more of the board is recalled, a new election is typically held simultaneously (if done by meeting) or organized shortly thereafter.
4. 2026 Legal Context
Under the latest transparency updates (effective January 2026), all recall-related records—including ballots and meeting minutes—must be maintained as official records and, for associations of 25+ units, must eventually be accessible via the association’s secure web portal. Failure to provide these records for inspection can now carry stricter civil and, in some cases of willful destruction, criminal penalties.
> Note: Because the board has a high bar for “facial validity,” it is often recommended to collect 5–10% more signatures than the bare majority to account for potential disqualifications (such as owners not having a valid voting certificate on file).
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Unless the bylaws say otherwise, the remaining board members may appoint a replacement to fill the vacancy for the unexpired portion of the term.
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Two. The first notice must be sent at least 60 days before the election, and the second notice (with the ballot) must be sent at least 14 days before.
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No. An election is valid as long as at least 20 percent of the eligible voters cast a ballot.
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Yes. A board member may not serve more than 8 consecutive years unless approved by a vote of two-thirds of all votes cast or if there are not enough eligible candidates to fill vacancies.
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Elections/Voting (2)
No. Casting a vote on association matters via email is strictly prohibited.
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Yes, if the owner has consented in writing to receive electronic notices.
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Privacy & Exemptions (1)
Yes. Meetings may be closed only to discuss personnel matters or to meet with the association’s attorney regarding proposed or pending litigation.
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