Florida - Board Meetings per 720

DianaU, I have not reviewed the Florida Statute you referenced. However, I doubt that any Board calls a meeting to conduct "miscellenous things like sign checks, talk to the property manager about an invoice, do filing, review proposals for repairs". A Board meeting requires calling to order a duly called meeting, not just two or more directors getting together.

RogerB

DianaU, following is Florida statute 720.303. I can see your concern regarding what constitues a meeting of the board. The first sentence is very poorly written. It can be broadly interpreted that the board is not conducting association business unless a meeting is called to order. Any reasonable person would not considered the items you mentioned as constituting a board meeting.

RogerB
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(2) BOARD MEETINGS.
(a) A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege.

(b) Members have the right to attend all meetings of the board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the members is inapplicable to meetings between the board or a committee and the association's attorney, with respect to meetings of the board held for the purpose of discussing personnel matters.

(c) The bylaws shall provide for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to provide the following:

1. Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. Notwithstanding this general notice requirement, for communities with more than 100 members, the bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice, provision of a schedule of board meetings, or the conspicuous posting and repeated broadcasting of the notice on a closed-circuit cable television system serving the homeowners' association. However, if broadcast notice is used in lieu of a notice posted physically in the community, the notice must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. The bylaws or amended bylaws may provide for giving notice by electronic transmission in a manner authorized by law for meetings of the board of directors, committee meetings requiring notice under this section, and annual and special meetings of the members; however, a member must consent in writing to receiving notice by electronic transmission.

I have the notion that a "Regular" meeting is a meeting that happens on some "regular" established schedule at a time and place fixed by a resolution of the board. (E.g., the second Monday of every month). If the resolution is published, individual meetings do not need to be published. Only cancellations.
That makes meetings called at other times "Special Meetings" which do need to be properly published in advance.

Roger et al- I too am confused about Fl Chapter 720. The way I interpret, and please tell me if I'm wrong, there are three elements that have to be in play in order to constitute a "meeting of the board"
1. There must be a quorum (no quorum, no votes)
2. They must conduct the business of the association. The conduct of the association can only be carried out by motions made during a meeting.(no motions, no meeting)
3. Minutes would have to be taken.(no quorum, no motions, no minutes, no meeting)

If the second and third of those elements are not in play there is no official meeting and therefore if the board, quorum or not, wishes to get together to discuss the upcoming agenda for instance I don't see why anyone would object to not being notified of the time and place of the gathering.It has been my experience in the past when serving on boards to have informational or "agenda" gatherings, where no votes nor minutes were ever taken,to discuss matters to come before the next official board meeting.

(just as an aside, do you really think that the meetings by our legislators before the public are not discussed behind closed doors before they appear before TV cameras....mostly in order to jockey for the most "face time" on our TV sets - poor example . . . sorry)