Page 5 - Boca ViewPointe - August '21
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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.

            YOUR BOCA POinte neiGHBOR AnD ReALtOR                                                             Sachs Sax Caplan, P.L., Peter S. Sachs 
            Providing you with exceptional service and possessing unrivaled expertise
                            of the Boca Raton and Delray Beach markets.
                                     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
                                     two office locations to                                                complaints from residents who have
                                     serve you in Boca Raton                                                had uncomfortable encounters
                                     & Delray Beach                                                         with dogs off leash around the
                              Direct: 954-242-4260                                                          property. We  are
                                                            reaching out to our
                                                                                                            residents to remind
                                                                                                            them of our rules
         YOU have a choice who YOUR Physical Therapist can be.                                              concerning keeping
                                                                                                            dogs on leashes and cleaning pet litter. As a resident
                    Outpatient Physical Therapy in your home.                                               of Boca Pointe you must: Keep your dog on a Leash.
                                                                                                            All dogs must be controlled on a leash by an able-
                                     YES we come to YOU!                                                    bodied person, at all times, whenever the dog is on
                                                                                                            property. Also, you must clean up and properly dispose
                                                                                                            of pet waste when your pet relieves itself. Knowing and
        - Orthopedic & Sports Injuries                       - Manual Therapy, Soft Tissue & Joint          abiding by our community’s animal-related ordinances
        - Pre/Post-Surgical Rehabilitation                                              - Mobilization      will help make our neighborhood a better place for
        - Chronic Pain & Aches                                             - Vestibular Rehabilitation      everyone. Thank you! 
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        - Strains/Sprains                                        - Therapeutic / Corrective Exercise
        - Headaches and Migraines                                          - Jaw Dysfunction & Pain         Golf Lesson

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