Q&A: Wait Just a Minute Here?

Q. Previous to the current management company, the board would review the minutes after each meeting and then distribute them to all of the owners. The new management company now states that the minutes cannot be distributed until they have been approved at the next meeting which is 3 months apart. This leaves the building with no information about the meetings until 3 months after they have occurred. I cannot find anything in Florida statute that legally says that minutes can only be approved at the next meeting before distribution but our management company contends that this is correct. Could you provide any guidance on this issue? It is leading to a large information gap within the building that I think should be addressed. What recourse do we have to rectify this situation?

              —Concerned in Coral Gables

A. “The state agency which regulates condominiums in Florida has ruled that unapproved minutes are official records subject to inspection,” says Kenneth Direktor, a shareholder attorney with the Fort Lauderdale-based law firm of Becker & Poliakoff. “As such, even though the board does not approve the minutes until the next board meeting, the unit owners may request them before they are approved under Section 718.111(12) for condominiums and I believe the same analysis would apply to a request in an HOA under Section 720.303(5). If the members do not want to wait for minutes to be approved and distributed, there are alternatives. If the concern is a lack of information between board meetings or a three month lag in the dissemination of information, the unapproved minutes are available for inspection upon written request. Also, unit owners also have the right to attend board meetings and those in attendance have the right to make audio or video recordings, which could also be disseminated.”

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  • 8-12-2019 Your blog posting policy should state that all references to statutes and decisions be cited. In this case, where may readers find the ruling of the "state agency which regulates condominiums in Florida has ruled that unapproved minutes are official records subject to inspection." More specifically, one statute you did cite, F.S. 718.111(12), does NOT mention inspection of minutes before they are approved.
  • We are down to one member on the board. The President recently sold his unit to individuals under 55. (29/30) He did not bother to inform the new owners that this is a 55 plus community and that we are in HOPA. "Residence for seniors 62, 55 and no one under 18 allowed. Now, the new owners want us to change our rules. How do we go after the seller, the X-President for failure of fiduciary duties. Those violations violated our declaration and Florida Statutes. We also have had a lot of maintenance issues that have not been addressed and we had to address on our on. Both outside and the problems created on inside by outside issues. Illegal voting via emails, decisions made without my husband and me being told until they were decided by the president and all other owners. We only have 4 units. Please do not tell me to send this to DBPR. They only handle 3 issues. So far they have rejected everything that I have sent. We are in our second year and we have not not had a full legal board, since we moved here. Now we are down to one person. The VP, who also will not address any problems, answer his phone or door or respond to an email. 2 owners live in PA.
  • First off, run for the board!