Sheffield D COA

THE BOSS (Boards & Owners For SucceSS)
CONDO FAQ's

 

Welcome to Your “One-Stop Shop” for  Condo Questions & Answers !

Clear Answers. No Legalese. No Guesswork.

You Asked. We Delivered. (No Returns Necessary.)

If there is one thing I’ve learned from our owners and board members, it’s that “condo life” often comes with more questions than a toddler on a road trip. Navigating the rules of the road shouldn’t feel like you’re reading a map in a storm.

Because clarity is a luxury you deserve, I’m launching a dedicated Q&A Forum right here on this page as your official “one-stop shop” for answers—no more digging through old emails or guessing at bylaws. As the questions roll in, the answers will go up.

Think of it as your community cheat sheet, minus the detention.

You asked – We delivered.

How it Works:

  • The Archives: Below, you’ll find an evolving list of the most frequent questions regarding Florida Law and our Association. Just ask a question or enter keywords in the search box below.  If you don’t see the answer, reduce the number of words in the search box.

  • Your Turn: Have a question that isn’t answered yet? [Submit it here].

  • The Update: We’ll post the answer right here for everyone to see. No more hunting through old meeting minutes or “he-said, she-said” in the lobby.

We will continue to add new questions regularly, so hit me up on the Contact Us page or click the SUBMIT link in yellow above and we’ll get it added Likity-Split!

We’re taking the mystery out of the statutes so we can get back to the best part of living here: actually living here.


 

c Expand All C Collapse All

Board Meetings (25)

e
Category: Board Meetings

Yes, all meetings at which a quorum is present are open to unit owners.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Yes. Meetings may be closed only to discuss personnel matters or to meet with the association’s attorney regarding proposed or pending litigation.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes, as of 2025, board meetings can be entirely virtual.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 1

Leave a Reply

Your email address will not be published. Required fields are marked *

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).

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

No. Casting a vote on association matters via email is strictly prohibited.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Yes, if the owner has consented in writing to receive electronic notices.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes, board members participating via real-time electronic communication count toward the quorum.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Unless the bylaws say otherwise, the remaining board members may appoint a replacement to fill the vacancy for the unexpired portion of the term.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Written notice must be provided at least 14 days in advance.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

For associations with more than 10 units, the Board must meet at least once per quarter.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

No. An election is valid as long as at least 20 percent of the eligible voters cast a ballot.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes; at least four times a year, the agenda must allow members to ask questions of the board.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes, in a conspicuous place at least 14 continuous days prior.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes; if conducted via video conference, it must be recorded and maintained as an official record.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Unless the bylaws provide for a lower number, a quorum consists of a majority of the total voting interests.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

The meeting may be adjourned and rescheduled.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Board of Directors (5)

e

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).

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Unless the bylaws say otherwise, the remaining board members may appoint a replacement to fill the vacancy for the unexpired portion of the term.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

No. An election is valid as long as at least 20 percent of the eligible voters cast a ballot.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Elections/Voting (2)

e

No. Casting a vote on association matters via email is strictly prohibited.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Yes, if the owner has consented in writing to receive electronic notices.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Privacy & Exemptions (1)

e

Yes. Meetings may be closed only to discuss personnel matters or to meet with the association’s attorney regarding proposed or pending litigation.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Load More

Quick Legal Disclaimer for Those

Who Don’t like to Play Nice…

1. General Information Only: All content provided on this website, including blogs, FAQs, and downloaded materials, is for general informational and educational purposes only. It is not intended to provide specific legal, financial, or professional advice. 2. No Attorney-Client Relationship: The owner of this website is not an attorney and does not provide legal advice. Use of this website, or the receipt of information from it, does not create an attorney-client relationship. Because Florida statutes and community association laws are subject to frequent change, you should consult with a qualified professional or attorney regarding your specific situation. 3. Accuracy and “As-Is” Provision: While we strive to provide accurate and up-to-date information, the owner makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability of the information contained herein. Any reliance you place on such information is strictly at your own risk. 4. Limitation of Liability: In no event will the owner be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, arising from the use of this website or reliance on any information provided. The recipient is free to accept or reject any information provided at any time. 5. External Links: Through this website, you may be able to link to other websites which are not under the control of the owner. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. 6. Intellectual Property, Copyright and Trademarks: Unless otherwise noted, the design, text, and original materials on this website are the intellectual property of the site owner. You may view or print content for your own personal use. Copying, reproducing, or redistributing this material for commercial gain without prior written consent is strictly prohibited. Third-party trademarks, product names, or corporate materials referenced on this site belong to their respective owners.

c Expand All C Collapse All

Board Meetings (25)

e
Category: Board Meetings

Yes, all meetings at which a quorum is present are open to unit owners.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Yes. Meetings may be closed only to discuss personnel matters or to meet with the association’s attorney regarding proposed or pending litigation.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes, as of 2025, board meetings can be entirely virtual.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 1

Leave a Reply

Your email address will not be published. Required fields are marked *

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).

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

No. Casting a vote on association matters via email is strictly prohibited.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Yes, if the owner has consented in writing to receive electronic notices.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes, board members participating via real-time electronic communication count toward the quorum.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Unless the bylaws say otherwise, the remaining board members may appoint a replacement to fill the vacancy for the unexpired portion of the term.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Written notice must be provided at least 14 days in advance.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

For associations with more than 10 units, the Board must meet at least once per quarter.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

No. An election is valid as long as at least 20 percent of the eligible voters cast a ballot.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes; at least four times a year, the agenda must allow members to ask questions of the board.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes, in a conspicuous place at least 14 continuous days prior.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Yes; if conducted via video conference, it must be recorded and maintained as an official record.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

Unless the bylaws provide for a lower number, a quorum consists of a majority of the total voting interests.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

The meeting may be adjourned and rescheduled.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Category: Board Meetings

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Board of Directors (5)

e

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).

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Unless the bylaws say otherwise, the remaining board members may appoint a replacement to fill the vacancy for the unexpired portion of the term.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

No. An election is valid as long as at least 20 percent of the eligible voters cast a ballot.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Elections/Voting (2)

e

No. Casting a vote on association matters via email is strictly prohibited.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Yes, if the owner has consented in writing to receive electronic notices.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Privacy & Exemptions (1)

e

Yes. Meetings may be closed only to discuss personnel matters or to meet with the association’s attorney regarding proposed or pending litigation.

Source Reference: 
Did you find this FAQ helpful?
Thumbs Up Icon 0
Thumbs Down Icon 0

Leave a Reply

Your email address will not be published. Required fields are marked *

Load More

Scroll to Top