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© St. Petersburg Times, published April 13, 2002
Question: According to state statutes and our bylaws, a board meeting must be posted and must be open to the residents whenever a quorum of the board meets. One of our members says we can communicate via e-mail. What is your opinion? Can the community be shut out of decisions and discussions because the board chooses to communicate this way?
Board members sometimes come to a meeting with prepared resolutions without prior discussion in an open meeting.
Answer: Statutes do not directly address e-mail, but it is clear how directors are to conduct the affairs of the association. As long as the directors make no final decisions online other than day-to-day operations, nothing is wrong with communicating online.
Associations operate best when all board members are aware of the business to be conducted. Meetings at which board members are not familiar with the agenda invite poor decisions.
Question: Our board is considering replacing washer hoses in all units. We wonder about the legality of this move, since we would need to access each unit.
Answer: First check your documents to see if they authorize the board to access units for maintenance.
Most documents do allow entry for repairs. Send a letter or notice to each owner about the repairs, giving a time and date when you plan to be at their unit. Ask that they be at home or provide a key for entry. As for replacing the hoses, that act will help eliminate a flood possibility.
Question: Does a state or federal statute require the board of our homeowner association to make the financial report a matter of public record?
Answer: Both condominiums and homeowner associations must provide all members notice of the annual financial report within 60 days of the close of the fiscal year. Any member who wants a report can request and receive a copy at no cost. Any member can request in writing, by certified mail, to view specific official association records.
Question: Our condo association's annual budget process is completed in early November for the following year. I would prefer that the discussion and approval of the yearly budget take place when the majority of owners are in residence, between January and March. Can we run our budget year starting in April?
Answer: It is possible to change your budget year. Have your CPA inform you of the changes the IRS would require and the changes required in your accounting system. You must change your entire accounting, tax records and collection systems, not just the budget-approval process. This is not a problem as long as you seek guidance from your CPA and your attorney, and your members are aware of the change.
- Write to Richard White, c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. Sorry, he can't take phone calls or provide personal replies by mail, but you can e-mail him at CAMquestions@att.net. Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney.