Question:
Continue from previously sent email. The question I am asking is if the President of an HOA board within their legal bounds to meet individually with each board member separate from the others to discuss HOA business before the next officially called HOA Board meeting where the board is going to vote on issues talked about at these individual meetings?
– Max
Answer:
Hi Max,
In most states, including Florida, HOA board meetings and decision-making processes are governed by statutes, such as the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes), as well as the HOA’s governing documents. These laws and documents often require board discussions and decisions to occur during officially noticed meetings that are open to homeowners, ensuring transparency and compliance with “open meeting” requirements.
While the HOA president may communicate individually with board members to share information or gather preliminary thoughts, holding private, sequential discussions with board members on HOA business — especially when the discussions effectively replace an open board meeting or aim to pre-determine the outcome of a vote — may violate the spirit or letter of these laws.
Such actions can be interpreted as circumventing the requirement for open deliberation, undermining the transparency and fairness expected in HOA governance. Homeowners who believe this practice is being used to avoid open meetings can raise concerns with the board or consult the governing documents.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
