Page 5 - Boca ViewPointe - August '21

August 2021 Viewpointe, Page 5
Remote Meetings For Associations

As we begin to move past the COVID-19 Pandemic, owners. Members of the board of administration may use can hear him/her. It would seem, then, without explicit
and all of the significant hurdles that community e-mail as a means of communication but may not cast a authority stating as much, that a Zoom or similar type of
associations faced as a result, one of the silver linings is vote on an association matter via e-mail. A unit owner virtual meeting would satisfy all of these requirements
the nearly universal acceptance of technology to conduct may tape record or videotape the meetings. The right to and be permissible under the law. There have been a few
regular business. Specifically, with respect to community attend such meetings includes the right to speak at such arbitration decisions discussing the use of Zoom meetings,
associations, many associations had no choice but to learn meetings with reference to all designated agenda items. none of which had the Arbitrator conclude that same were
how to conduct its meetings virtually through Zoom or Additionally, §718.112(2)(b)5, Florida Statutes impermissible, so long as owners were duly noticed and
similar platforms. At the time, although the law did not provides that: “A board or committee member’s afforded an opportunity to speak.
specifically contemplate conducting meetings in such a participation in a meeting via telephone, real-time Similarly, §720.303(2), Florida Statutes, which governs
way, most practitioners agreed that conducting both board videoconferencing, or similar real-time electronic or video board of directors meeting for homeowners associations
and membership meetings virtually was acceptable. Some communication counts toward a quorum, and such member has comparable requirements in that meetings must be
of that guidance was based upon the powers afforded to may vote as if physically present. A speaker must be used duly noticed, afford owners the right to attend, and allow
community associations under their respective emergency so that the conversation of such members may be heard owners to speak on agenda items. With the addition of the
powers statutes of §718.1265 or §720.316, Florida by the board or committee members attending in person authority in §617.0820, a homeowners association may
Statutes. However, as we move beyond the declared state as well as by any unit owners present at a meeting.” similarly conduct its board meetings exclusively virtually.
of emergency, and the likely expiration of the statutory Likewise, §617.0820, Florida Statutes, which governs As for to membership meetings, §617.0721(3), Florida
emergency powers, the question remains, may community all not-for-profit corporations, allows the board, so long Statutes, provides that if authorized by the board of
associations continue to conduct meetings, both board and as the governing documents do not provide otherwise, to directors, and subject to such guidelines and procedures
membership, virtually? conduct the meeting through any means of communication as the board of directors may adopt, members and proxy
Section 718.112(2)(c), Florida Statutes, governs board happening in real-time. holders who are not physically present at a meeting may,
of directors meetings for condominiums and provides, in Ultimately, the law requires that board meetings be by means of remote communication participate in the
pertinent part: noticed, be open to and allow for owners to speak on meeting and be deemed to be present in person and vote
“Meetings of the board of administration at which a agenda items. Board members are specifically afforded the at the meeting if the corporation:
quorum of the members is present are open to all unit right to appear virtually, so long as everyone participating (1) implements reasonable means to verify that
each person deemed present and authorized to vote by
means of remote communication is a member or proxy
Board Of Directors holder; and (2) the corporation implements reasonable
measures to provide such members or proxy holders with
May 2021 – May 2022 Officers/Executive Committee a reasonable opportunity to participate in the meeting and
to vote on matters submitted to the members, including
an opportunity to communicate and to read or hear the
Chairman and President Barry J. Haberman District 5 Howard Weinstein (El Dorado) proceedings of the meeting substantially concurrent with
Vice Chair Steve Retzer Esplanada, Caravelle, Palomar, La Corniche, the proceedings. If any member or proxy holder votes or
Secretary Steve King and El Dorado takes other action by means of remote communication,
Treasurer Harvey Kaplan District 6 Connie Murray (Villa Flora) a record of that member’s participation in the meeting
Villa Flora, Montego Bay, Villa Del Sol, and Palladium
District Directors District 7 Alan Markoff (The Plum) must be maintained by the corporation in accordance with
District 1 Mary Ann Frazier (Palms) The Plum/Cortina, Villa Sonrisa and Pointe 100 §617.1601.
Encantada, Valencia and The Palms District 8 Robert Cornell (Costa Brava) Thus theoretically, members meetings, too, may be
District 2 Steve King (Imperial Royale) Costa Del Sol and Costa Brava conducted virtually, so long as the appropriate safe-guards
Promenade, Imperial Royale, Imperial, Regency District 9 Robin Gliboff (Edgewater) are put in place. However, associations should be mindful
and Panaché Edgewater Pointe Estates and Stratford Court of the issues that virtual membership meetings raise with
District 3 Harvey Kaplan (Meridiana) collecting and tabulating votes. Votes in community
La Mirada and Meridiana At Large Directors associations, typically have to be conducted in writing,
District 4 Michael Ehrentreu (El Viento) so if a membership meeting is to be handled remotely, the
El Viento, La Paz, and Southwinds Through 2022 Through 2023 community association will have to determine how to best
Chandra Stewart-Keith (Panaché) Barry J. Haberman (Encantada)
Bob Greenstein (Lakes of La Paz) Marvin Lazarowitz (Villa Del Sol) handle accumulation and tabulation of votes, whether it is
Steve Retzer (La Mirada) Carsten Bethge (Valencia) via an electronic voting platform, or pre-delivered ballots
and proxies. Questions relating to conducting meetings
virtually should be reviewed with competent community
Serving Palm Beach and Broward County ª association counsel to formulate an appropriate plan.

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Celebrating 40 Years In Real Estate Dear Boca Pointe

experience does matter... Realtor since 1981.
CALL FOR YOUR FRee COnSULtAtiOn Dog Owners:
Prudence J. (PJ) Carswell
Licensed Real Estate Advisor • Licensed CAM We have had a few recent
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serve you in Boca Raton had uncomfortable encounters
& Delray Beach with dogs off leash around the
Direct: 954-242-4260 property. We are
PJCarswellRealtyHomeAdvisors@gmail.com reaching out to our
residents to remind
them of our rules
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