Legal Question in Real Estate Law in Florida

I am located in Orlando, Florida. I am on an HOA board. The manager asks us to make decisions outside our public meetings. What type of decisions can we make outside of public meetings without previous agreement in a public meeting to do so? We are required to follow 720 Florida Statutes and our governing documents in this instance says that a majority of the board is needed to make a decision but it doesn't say where or when the decision should take place. Thank you.

Asked on 10/25/13, 1:34 pm

1 Answer from Attorneys

Jean Winters Winters & Winters, PA

If yours is a mandatory HOA, then FS 720 governs. In that event, the only decisions that can be made outside of a public meeting are closed meetings that either (1) relate to matters that are attorney client privileged (and the attorney must attend) or (2) relate to personnel matters. Even those closed meetings must be properly noticed and minutes must be taken.

There is NO such thing as "executive meetings" that can be closed under FS 720.

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Answered on 10/25/13, 1:40 pm

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