Attending HOA Meetings in Florida

Florida homeowners' associations are governed primarily by Chapter 720 of the Florida Statutes, and two sections of it do most of the work on meetings: § 720.303(2) for board meetings and § 720.306 for meetings of the members. Together they open both kinds of meetings to owners, set notice windows, give owners a right to speak, and let any parcel owner record. Knowing what the statute says helps owners see whether their association is following it. For your specific situation, a licensed Florida attorney is the right resource. This is general information, not legal advice.

Open board meetings: Fla. Stat. § 720.303(2)

Florida defines a board meeting by who is in the room, not by what the board calls it: "A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business." And those meetings "must be open to all members," subject to the narrow exceptions covered below. The statute adds that "[m]embers have the right to attend all meetings of the board" (§ 720.303(2)(b)).

The open-meeting rules reach beyond the board itself. They also apply to "any committee or other similar body when a final decision will be made regarding the expenditure of association funds" and to any body "vested with the power to approve or disapprove architectural decisions" for a specific member's parcel. Directors may use e-mail to communicate but "may not cast a vote on an association matter via e-mail," and a board meeting must be held at an accessible location "if requested by a physically handicapped person who has a right to attend the meeting" (§ 720.303(2)(a)).

Notice of board meetings

Section 720.303(2)(c) says the bylaws "shall provide the following" for notice of board meetings and, if they do not, "shall be deemed to include the following." Notices "must specifically identify agenda items for the meetings and must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency." If notice is not posted, it must instead be "mailed or delivered to each member at least 7 days before the meeting." Communities with more than 100 members may use a reasonable alternative set in the bylaws, such as publishing notice or a schedule of board meetings.

Money and rule changes get more lead time. "An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments." And written notice of any meeting "at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered" must be mailed, delivered, or electronically transmitted to members and posted conspicuously on the property (or broadcast on closed-circuit cable television) "not less than 14 days before the meeting" (§ 720.303(2)(c)2.).

Associations with 100 or more parcels must also put board-meeting notices online. Section 720.303(4)(b)1.m. requires posting "[n]otice of any board meeting, the agenda, and any other document required for such meeting" on the association's website or app "no later than the date required for notice." The 2024 and 2025 changes to Florida HOA law cover that website requirement in more detail.

The right to speak

At board meetings, Florida ties the right to speak to the agenda. "The right to attend such meetings includes the right to speak at such meetings with reference to all designated items." The association "may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements," which "may include a sign-up sheet for members wishing to speak" (§ 720.303(2)(b)).

Owners can also put an item on the board's agenda. "If 20 percent of the total voting interests petition the board to address an item of business," the board must take it up "not later than 60 days after the receipt of the petition," with 14 days' notice. At that meeting, "[e]ach member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting." The statute is clear about the limit, too: beyond addressing the item, "the board is not obligated to take any other action requested by the petition" (§ 720.303(2)(d)).

At membership meetings, "[m]embers and parcel owners have the right to attend all membership meetings," and the speaking right is broader, with a guaranteed floor. Owners may speak "with reference to all items opened for discussion or included on the agenda," and "[n]otwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item" (§ 720.306(6)).

The right to record meetings

Florida answers the recording question directly. Under § 720.306(10), "[a]ny parcel owner may tape record or videotape meetings of the board of directors and meetings of the members." The same subsection gives the board a role: it "may adopt reasonable rules governing the taping of meetings of the board and the membership."

So the right belongs to the owner and covers both board and membership meetings, while the details (where equipment goes, whether advance notice is expected, and similar logistics) can come from the association's written rules. What a particular community's rules say, and whether a given rule is "reasonable," depends on the rule and the facts; a licensed Florida attorney can review a specific rule.

When the board can meet in private

Florida's closed-meeting exceptions are short. Under § 720.303(2)(b), "meetings between the board or a committee and the association's attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors." Paragraph (a) describes the attorney exception as covering discussions that "would otherwise be governed by the attorney-client privilege."

Two voting rules also keep board decisions visible. "Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers" (§ 720.303(2)(c)3.), and, as noted above, directors cannot vote by e-mail.

Hearings on fines and suspensions follow their own process: § 720.305(2)(b) requires at least 14 days' written notice of the right to a hearing before "a committee of at least three members appointed by the board who are not officers, directors, or employees of the association." Our article on Florida HOA fining procedures walks through that process.

Members' meetings: Fla. Stat. § 720.306

The membership meets at least once a year. "The association shall hold a meeting of its members annually," and director elections, if needed, are held "at, or in conjunction with, the annual meeting or as provided in the governing documents" (§ 720.306(2)). Special meetings must be held when called by the board or, unless the governing documents set a different percentage, "by at least 10 percent of the total voting interests," and business at a special meeting "is limited to the purposes described in the notice of the meeting" (§ 720.306(3)).

The bylaws must provide for notice of membership meetings, and if they do not, § 720.306(5) fills the gap: notice of every membership meeting must be "mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting," and compliance is shown "by an affidavit executed by the person providing the notice" (§ 720.306(5)). Associations with 100 or more parcels must also post member-meeting notices and agendas on their website or app at least 14 days ahead (§ 720.303(4)(b)1.l.).

The quorum default is "30 percent of the total voting interests" unless the bylaws set a lower number (§ 720.306(1)(a)). Members may generally vote "in person or by proxy," and a proxy "is effective only for the specific meeting for which it was originally given" (§ 720.306(8)). Elections follow the procedures in the governing documents, and "[a]ny challenge to the election process must be commenced within 60 days after the election results are announced" (§ 720.306(9)(a)).

Minutes and how long they are kept

Under § 720.303(3), "[m]inutes of all meetings of the members of an association and of the board of directors of an association must be maintained in written form or in another form that can be converted into written form within a reasonable time." Each director's position is captured: "A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes."

Minutes are official records that must be kept "for at least 7 years" (§ 720.303(4)(a)6.), and ballots, sign-in sheets, and proxies must be kept "for at least 1 year after the date of the election, vote, or meeting" (§ 720.303(4)(a)12.). Owners can ask to inspect those records; our guide to requesting Florida HOA records covers the 10-business-day window in § 720.303(5).

Condominiums follow a different statute

Florida condominium associations are governed by Chapter 718, not Chapter 720, and their board-meeting rules sit in § 718.112(2)(c). That section requires the board of a residential condominium association "of more than 10 units" to "meet at least once each quarter," says "[a] unit owner may tape record or videotape the meetings," and requires notice "posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency." For condominium owners, Chapter 718 controls rather than the Chapter 720 rules described here.

What the bylaws and corporation law add

Chapter 720 sets the baseline rules, but it does not operate alone. Several of its meeting rules apply only "[u]nless a lower number is provided in the bylaws" or unless the governing documents say otherwise, so the declaration, articles, and bylaws fill in much of the mechanics. Most Florida HOAs are also nonprofit corporations, and § 720.303(1) notes that officers and directors "are subject to s. 617.0830 and have a fiduciary relationship to the members." Federal law, including the Fair Housing Act, applies as well. A licensed Florida attorney can read those documents together with the statute.

What people generally do

For owners who want a real voice in their Florida association, a few things commonly matter:

• Whether board-meeting notices identify agenda items and go up at least 48 hours ahead, with 14 days for special assessments and parcel-use rule changes.
• The right to speak on designated agenda items at board meetings, and at least 3 minutes per item at membership meetings.
• The board's written rules on recording, since § 720.306(10) lets any parcel owner record but lets the board set reasonable rules.
• Whether closed sessions stay within the attorney-litigation and personnel exceptions.
• Minutes and other official records, which show how each director voted. The Florida HOA law hub gathers the state's other guides.

Frequently asked questions

Can I record my HOA board meeting in Florida?

Florida's HOA statute says "[a]ny parcel owner may tape record or videotape meetings of the board of directors and meetings of the members" (§ 720.306(10)). The board "may adopt reasonable rules governing the taping" of those meetings, so a community's written rules can shape how recording is done. Whether a particular rule is reasonable depends on its terms and the facts, which a licensed Florida attorney can assess.

How much notice does a Florida HOA have to give before a board meeting?

The default rules in § 720.303(2)(c), which the bylaws are deemed to include if they don't address notice, call for notice that identifies the agenda items and is posted conspicuously in the community at least 48 hours ahead, except in an emergency, or mailed or delivered at least 7 days ahead if it is not posted. Meetings where special assessments or parcel-use rule amendments will be considered need written notice at least 14 days ahead.

Can a Florida HOA board meet in closed session?

Only in narrow situations. Under § 720.303(2)(b), meetings with the association's attorney about proposed or pending litigation, and board meetings held to discuss personnel matters, "are not required to be open to the members other than directors." Other gatherings of a board quorum to conduct association business are open to members.

Do owners get to speak at Florida HOA meetings?

Yes, with different rules for each type of meeting. At board meetings, owners may speak "with reference to all designated items," subject to written reasonable rules (§ 720.303(2)(b)). At membership meetings, owners may speak on items opened for discussion or on the agenda, with a statutory floor of "at least 3 minutes on any item" (§ 720.306(6)).

Sources

• Fla. Stat. § 720.303 — Association powers and duties; meetings of board; official records
• Fla. Stat. § 720.306 — Meetings of members; voting and election procedures
• Fla. Stat. § 720.305 — Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights
• Fla. Stat. § 718.112 — Bylaws (condominium board meetings)