Unit owners’ right to speak, tape record or videotape meetings
This is the time of year during Season is when most Condominium Associations have their annual members meeting as well as board meetings.
For some reason we see a scattering of Condominium Association directors who believe these Association meetings are for the directors to talk, argue, and make decisions and the members are there at the meetings just to listen in. This belief could be coming from directors who are used to the corporate world and procedures used in private corporate meetings.
However, this is not the case in Florida as there are specific statutory “sunshine” provisions allowing for most all Association meetings to be open to the members with the ability for the members to speak at the meeting and to audio or video record them. Exceptions to open Board meetings are only for meetings of the Board to discuss personnel matters or board meetings with Association legal counsel to discuss proposed or pending litigation matters. For these two exceptions, the meetings can be closed to the members (executive session).
Concerning annual and special member’s meetings, Section 718.112(2)(d)7., Florida Statutes provides that: “Unit owners have the right to participate in meetings of unit owners with reference to all designated agenda items. However, the association may adopt reasonable rules governing the frequency, duration, and manner of unit owner participation.”
Section 718.112(2)(d)8., Florida Statutes provides that: “A unit owner may tape record or videotape a meeting of the unit owners subject to reasonable rules adopted by the division.”
For board meetings, Section 718.112(2)(c) provides that: “Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. Members of the board of administration may use e-mail as a means of communication but may not cast a vote on a matter vial e-mail. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with deference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The Association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.”
When the statutory section talk about the “Division”, it means the “Division of Florida Condominiums, Timeshares, and Mobile Homes”. The Division has adopted the rules discussed in these Chapter 718 Sections as follows:
61B-23-002(9)&(10), Florida Administrative Code provide: “(9) Subject to reasonable restrictions, any unit owner has the right to speak at unit owner meetings, with respect to all designated agenda items. On or after April 1, 1992, subject to reasonable restrictions, any unit owner has the right to speak at board meetings and committee meetings with respect to all designated agenda items.
(10) Any unit owner may tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions:
(a) The only audio and video equipment and devices which unit owners are authorized to utilize at any such meeting is equipment which does not produce distracting sound or light emissions.
(b) If adopted in advance by the board or unit owners as a written rule, audio and video equipment shall be assembled and placed in position in advance of the commencement of the meeting.
(c) If adopted in advance by the board or unit owners as a written rule, anyone videotaping or recording a meeting shall not be permitted to move about the meeting room in order to facilitate the recording.
(d) If adopted in advance by the board or unit owners as a written rule, advance notice shall be given to the board by any unit owner desiring to utilize any audio or video equipment.
(e) Unit owners are entitled to tape record or videotape board meetings and committee meetings occurring on or after April 1, 1992.”
Many Condominium Associations have adopted reasonable written rules govering the frequency, duration, and manner of unit owner participation in members meetings and board meetings and if your Condominium Association has not adopted such written rules it should consider doing so in order to ensure your meetings run smoothly.
Such rules can limit a member speaking to no more than three (3) minutes per agenda item unless the person running the meeting allows for an exception for a member to speak longer. The Association can limit such speaking to either at the beginning of the meeting, during the agenda topic or at the end of the meeting. The Association can require a member to sign-up to speak before the meeting begins.
Associations should also consider limiting the member participating to the member making a statement and not asking numerous questions of the board during their speaking time. A protracted question and answer session with a member during their speaker time can quickly run past the three (3) minute limit wherein the member is hogging meeting time and directors and/or management are being put on the spot to answers questions they may not have good responses for without further research. If the directors don’t readily know an appropriate response to a member’s question, it should tell the member that the board will take the question under advisement and answer the member at a later time after research or review.
