Notice Requirements Vary by Statute
Until the Florida Legislature unifies the laws for community associations, FS Chapters 718 (condominium), 719 (co-operative), and 720 (homeowners); these separate sections will contain different notice requirements for Board Meetings, Member Meetings and Committee Meetings. Many times, notice requirements are confusing to owners, board members and yes, even property managers!
Over the years, I found that it is best to think of the statutes and especially the notice requirements, as “minimum requirements”. In other words, what is outlined in the statutes is a starting point or the “minimum” that would be allowed, by law. Your particular association documents may contain provisions that may require longer periods of notice or more stringent forms of notice to the membership and that is okay, as your documents exceed the minimum as provided for by statute. One other way to think of this is as if your documents were silent on any of these provisions for notice (and many documents are), then what is contained in the statutes would be the notice requirement for your association.
The following are the current notice requirements for various meetings for FS Chapters 718, 719, 720:
Chapters 718 & 719
BOD Meetings (Regular): 48 hours notice & the notice posted conspicuously on the property.
BOD Meetings (To Consider Non-Emergency Special Assessments): 14 days, mailed or transmitted to owners & posted conspicuously on the property.
BOD Meetings (To Consider Amending Rules Regarding Unit Use): 14 days, mailed or transmitted to owners & posted conspicuously on the property.
Annual Meetings: Minimum 14 days notice, mailed or transmitted to owners & posted conspicuously on the property.
Election Meetings: Minimum 60 days 1st notice. Minimum 14 days 2nd notice, both mailed or transmitted to owners & posted conspicuously on the property.
Committee Meetings: Same notice requirements as Regular Board Meetings. (Committees that have no formal decision-making powers would not have to follow this).
NOTE: Except for the Regular BOD Meeting and the Committee Meeting requirements, an executed Affidavit of Notice would be required for the records.
Chapter 720
BOD Meetings (Regular): 48 hours notice & notice posted conspicuously on the property.
BOD Meetings (To Consider Non-Emergency Special Assessments): 14 days, mailed or transmitted to owners & posted conspicuously on the property.
BOD Meetings (To Consider Amending Rules Regarding Unit Use): 14 days, mailed or transmitted to owners & posted conspicuously on the property.
Member Meetings: Minimum 14 days notice, mailed or transmitted to owners & posted conspicuously on the property.
Election Meetings: Per the association’s documents.
Though the statutes do not mention having Affidavit of Notices for Chapter 720 Notices, it would be wise to follow Chapter 718 and 719 in this regard in case of any potential disputes. Let your association attorney guide you in these steps.
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