Yep. There is the question that is always posed and seems to have everyone, still scratching their heads. Here is something that appeared in the Miami Herald recently that tacles this question...
CONDO LINE
Who is the boss on condo board?
By RICHARD WHITE
Q: If the condo board is elected by popular vote and the president is chosen by the board, where does the authority rest?
W.W., Treasure Island
A: The board is composed of directors and officers. Directors have the responsibility for the operations, management and maintaining of common areas. This responsibility cannot be transferred to others. However, they can assign duties.
Many of the duties of the officers can be found in the bylaws but the board can also create policies and guidelines for the officers. As a simple answer, the president is a servant to the directors.
Q: You addressed the issue about recording minutes into permanent records of meetings held by a quorum of board. What about e-mails or other special meetings where no agenda was posted? I cannot find anything in FS 720 that addresses this issue. What should a board do if it has an informal meeting and minutes are taken?
R.R., Oldsmar
A: Anytime a quorum of directors meets to discuss association business, it is considered a board meeting and a notice of the meeting must be posted and the meeting must be open. If less than a quorum of directors meets to discuss business, it is not a meeting. Directors can send e-mail and make phone calls in the course of day-to-day business and communicating. Those are not considered board meetings and a notice is not required.
Q: Is it against Florida law for a non-member to attend a condominium association board meeting?
N.E., Tampa
A: The statutes do not address this. Perhaps your documents restrict attendees to members.
If your documents do not limit who can serve on the board, an adult non-member can be elected to serve as a director. This leads me to believe that any person can attend meetings.
http://www.miamiherald.com/home/story/552467.html
Monday, June 9, 2008
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