Notice of meetings, charging for passes to pool

Michael Bogen devotes his legal practice to representing hundreds of condominium and homeowner associations. Bogen, who is admitted to practice law in Florida, Washington, D.C., and Nevada, also is admitted before the United States District Court in the Southern and Middle Districts of Florida. He is assistant executive director of the Condo Council, which provides education to over 1,000 association members.

Q.

Many board members in our condo association meet in the office to discuss matters. I thought when directors meet that it must be at an official meeting where owners may attend. Am I right?

A.

Whenever a quorum (usually a majority) of the board meets, such a meeting should be noticed for owners to attend, unless the meeting concerns legal matters with the association’s attorney present or when discussing personnel matters. Association business is supposed to be discussed at open meetings, unless as indicated above. However, the law does permit directors to discuss issues via email. This law references discussions only because voting still must be done at the board meetings. Our condo association recently started charging for guest passes to our pool to make sure non-residents do not use our pool. We already pay for a recreation fee. Is this additional guest pass fee legal?

A.

It is hard to give you an accurate answer without reviewing your association’s governing documents. Another issue is whether the recreation association is considered a condominium association under Florida law that is bound by condo law. Nevertheless, and of course generally speaking, a condo association may not charge a use fee without obtaining approval from the owners, or, if such authority is provided for in your governing documents.

Q.

Our HOA board has not been following the election procedures in our bylaws for years. When I confront our board about this, the board states that since the association hasn’t been following the election portion of the bylaws for so many years, that the “new” way is grandfathered and that the bylaws do not have to be followed with regards to elections. Is this true?

A.

No.