Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. Does a board meeting qualify as "the next regular or special meeting of the association" under FL Statute 720.309(2)(a)?

April 25, 2025

A: The statute provides any member at the next regular meeting or a special meeting may make a motion, it requires someone to second it and a majority of the membership present at the meeting would need to vote to cancel the contract. Not a majority of the membership, just those present at the meeting. It would not make sense for it to be the next members' meeting because 1) it's hard to obtain quorum and 2) the provider would not be let the association out of a contract after they install all their equipment and it's been there for several months. If I represented this association I would tell them to schedule a special meeting if the board is not having monthly meetings.

*** Disclaimer --- if you are a board member you need to ask your association attorney and not rely on advice from strangers on the internet even if they are lawyers *** There is a fiduciary duty to consult with the association attorney. ... Read More

Q. How can I access HOA financial records denied by manager in FL?

April 25, 2025

A: You send a certified letter, return receipt to the registered agent of the HOA (look for that by searching on the legal name of the HOA in www.sunbiz.org) and state you are requesting to inspect the official records of the association pursuant to Fla. Stat. 720.303(5),state they have ten business days to provide you access to the records, and pursuant to Fla. Stat. 3033(4)(a)(3) "Destruction of or the refusal to allow inspection or copying of an official record of a homeowners’ association which is accessible to parcel owners within the time periods required by general law, in furtherance of any crime. Such act constitutes tampering with physical evidence as provided in s. 918.13." Your letter should also state according to Fla. Stat. 720.303(4) all financial and accounting records, including accurate, detailed and itemized records of all receipts (income) and expenses are official records.

Requesting copies is not a proper request under decisions issued by arbitration and court cases.

The manager cannot make board decisions and the HOA is liable to the owner for refusal to comply. ... Read More

Q. How to challenge a bad faith HOA petition in Florida?

April 24, 2025

A: Homeowners have a statutory right to recall board members and do not have to provide a reason. If people vote to remove these members without verifying the facts than that is their choice. If they used the proper forms and obtain 51% of the votes of the lots with signatures from actual owners (not tenants), the recall is valid.

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