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Dan Tiernan, COOMay 21, 20141 min read

What is that Word Wednesdays – Quorum of the Board

A quorum of the board is the smallest number of board members necessary to legally conduct the business of your condominium or homeowners association. A quorum is generally defined as a simple majority.

Quorum of the boardIf a quorum or simple majority of board members is present together to discuss association business, then the meeting should be considered a board meeting and be properly noticed and recorded.

Morty, the President of a five member board at Del Boca Vista, casually invited two other board members over to his house to discuss the need for a roofing project. He did not realize that this ad-hoc get together constituted a board meeting. Other owners found out and accused the board of holding secret meetings, which ultimately led to a recall action.

Although this may seem like a common-sense action to address a condo issue, it is actually against the law.

Why? The goal is to make sure that these kinds of meetings are held “in the sunshine," not in the shadows; but in the open and in the presence of the owners.

This was the original intent of the Florida Sunshine Laws and the reason why there is specific language about this in the Condo (718) and HOA (720) statutes.

Legal disclaimer – I am not an attorney and I do not play one on TV. This should not be considered legal advice.

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