OUT OF SIGHT DOESNíT MEAN OUT OF MIND Ė PART TWO

By Eric Glazer, Esq.

Published July 15, 2019

I have written several blogs about a unit ownerís responsibility to look after their unit, even when they go away for the summer or back to their home in the northern part of the country.  Does the same responsibility apply to members of the Board?  I believe it does.

 

Board members deserve breaks too.  They deserve summer vacations as much as the next guy.  But just like a unit owner still has a responsibility to look after their unit when they leave town , a Board member has the same responsibility to keep abreast of association matters when they are away from the community for a while.

 

I often hear how itís impossible to have board meetings in the summer because of a lack of board members remaining in the community during the summer.  So what? 

The Florida condominium statute states:

A board or committee memberís participation in a meeting via telephone, real-time videoconferencing, or similar real-time electronic or video communication counts toward a quorum, and such member may vote as if physically present. A speaker must be used so that the conversation of such members may be heard by the board or committee members attending in person as well as by any unit owners present at a meeting.

The HOA statute contains no similar provision.

Thereís no reason why a Board canít hold a meeting in July or August if the board members can appear by telephone.  In fact, one can argue that because Florida is hurricane alley, these may be the most important months of the year to have board meetings in order to discuss hurricane preparedness and safety.  The bottom line is that if you are willing to serve on a board of directors, your obligation to keep abreast of association matters doesnít end because youíre spending a few months away from the property.  It continues, as long as you are a member.  The board should still have meetings, can communicate with each other by e-mail and should be reachable at all times, and especially in case of an emergency.


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About HOA & Condo Blog

Eric Glazer Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2

decades and is the owner of Glazer and Associates, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.

 

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at noon each Sunday on 850 WFTL.

   

See: www.condocrazeandhoas.com.

   

He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.


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