The coronavirus pandemic has changed the operational script for many industries, including community associations. For many condominium associations, this includes how they conduct regular board meetings and unit owner meetings. One take away from the pandemic for our condominium and homeowners association clients, residents and building managers is the availability of not only holding regular meetings remotely, but also providing notices electronically and voting remotely.
Florida Statute 617.0721(3) allows not-for-profit corporations to hold virtual meetings and Florida Statutes 718.128 and 720.317 authorize condominium and homeowners associations to conduct elections and other unit owner votes through an online voting system. These statutes provide associations with the essential flexibility in planning for meetings and holding elections during the COVID-19 era.
Condominium and homeowners associations in Florida have already pivoted to virtual meetings to avoid the risks of contagion. What many associations have yet to discover is the feasibility and cost-saving potential of further allowing their members to communicate and hold board elections electronically.
Our attorneys have been instrumental in assisting condominium and homeowners associations in setting up electronic communications and elections. The relevant Florida statutes, in effect for several years, allow owners to opt in to electronic communications and/or voting. It is not an “either/or” proposition for the owners. During the pandemic, more condo and home owners have become comfortable with the electronic platforms.
We guide our clients with the legal documents necessary to allow the electronic changes, as well as the operational adjustments necessary to implement and fully enjoy the benefits the relevant Florida Statutes allow.
The information contained in this document does not constitute legal advice. Please do not hesitate to contact us should you have any questions or need assistance responding to the many issues, which have arisen out of COVID-19.