Board meeting notice is one of the simplest statutory requirements and one of the most commonly violated. The rule is straightforward, but the consequences of getting it wrong can void board actions.
The 48-hour rule
Under F.S. 718.112(2)(c), notice of all board meetings must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting.
"Conspicuously" means a location where unit owners are likely to see it. A lobby bulletin board, a common-area entrance, or a mailroom posting area all satisfy the requirement. An email alone does not satisfy the posting requirement unless the bylaws specifically authorize electronic notice as a substitute.
What the notice must include
The statute requires the notice to include the date, time, and location of the meeting. An agenda is required for meetings where assessments or rule changes will be considered.
Open meetings
All board meetings must be open to unit owners. Unit owners do not have a vote at board meetings (they vote at member meetings), but they have the right to attend and the board must provide a reasonable opportunity for unit owner comments on agenda items.
Emergency meetings
The 48-hour notice requirement has an exception for emergency meetings. When the board must act immediately to protect the health, safety, or welfare of the association or its members, the board may meet with less than 48 hours notice. The emergency and the actions taken must be documented in the minutes.
Common mistakes
The most frequent notice error is sending an email but not posting a physical notice. The statute requires posting on the property, not just electronic communication.
The second most common error is posting the notice less than 48 hours before the meeting. A notice posted at 9 AM on Monday for a 10 AM Wednesday meeting satisfies the 48-hour requirement. A notice posted at noon on Monday for a 10 AM Wednesday meeting does not.
One rule worth getting right
The safest practice is to designate one physical posting location and one person responsible for posting. The posted notice should include the date and time it was posted, so the 48-hour clock is documented.
The safest practice is to designate one physical posting location and one person responsible for posting. The posted notice should include the date and time it was posted, so the 48-hour clock is documented.
This post summarizes the statutory framework. Your declaration may modify certain provisions. Consult your association's attorney before acting on any specific situation.