Condo Association Management Blog

Read bylaws and find any provisions tyherein relating to meetings. If insuffucient info not available in bylaws download and read the Florida Condo Act for meeting requirements specified therein. The quote these references tyo your board.

Scott: FS 718 is our Condo Act, but you're right to suggest the by-laws (and our articles if Incorporation as well as House Rules). These don't specify either.

While not 100% conversant in Floriday requirements, I can state that the overall goal is for Associations to manage their own affairs. As such, many of the state laws and statutes leave room for the Associations, as entities, to run their own organization. 
 
Most documents state the requirements that a meeting must be called within certain time frames upon meeting certain requirements. The President in most cases would chair the meeting.  
 
The directors or board members are the ones elected to manage and administer the affairs of the association. This is an affair of the Association. 
 
While you may have the opinion that the budget does not meet the requirements, I would be careful and get a professional opinion of either a qualified real estate attorney or a CPA. Those opinions often carry more weight.

If your board mnanages their meeting in accord wityh Roberts Rule-as most organizations in th US do-then either the President of the board or another designated member may chair the meeting.There is no requirement that the designateed chairperson also be a board member. But that decision is the responsibility of the elected Presiden to make.Remember that the intent of Roberts is to insure that even the minority have an equal opportunity wityh the majority to voice their positions. If you feel the President cannot act as a neutral arbitrator then make your case on a point of order to demand an alternate chair to run the show Such a point of order must be discussed and voted upon by the assembley with a majority vote being the determinant.

I've read many different sets of bylaws for condos located in several states. In no case can I recall a set of by laws that did not addrtess the budget adoption and annual meeting requirement. Furhter there has never been a set that did not include provision for unit owners to force a special meeting.If your bylaws and your state law don't offer you a vehicle to make that meeting happen I'd be at a loss to offer further suggestions.

In Florida a meeting to discuss the budget and approve it is required. An annual meeting is required. The special meeting that you describe can be called at the request of 20% of the Members. The Chair would be the President unless the Members vote on a different chair. However, remember, that whether in violation of Fl Regulations, or whether or not the Budget makes sense, it is the Board that approves it. Consequently, even with your meeting, and even with the disapproval of the budget by the members, the Directors have the final say.  
 
If the Budget is a violation of law--and I cannot imagination a situation like that -- then Florida Regulators should be called.

Danny: Thank you, this was my interpretation of the Statues as well but I wanted to be sure. I had read in a Law Blog that as this meeting would not be a Board Meeting, the Owners could nominate a chair other than an existing Board member. My goal is to point out errors in funding of the upcoming budget as well as the improper presentation of the Proposed Budget by the current Board. FDl Statutes very clearly state what needs to be presented in order for the budget to be reviewed by the Owners and then voted on by the Board, however if there is a bad or improper budget, we intend to present one of our own, per the State Statues, for consideration by the Board. It is, as you state, the Boards ultimate responsibility to past the budget. This being said, the Owners do have recourse against the Board should they act irresponsible.