Florida’s Sunshine Law and Residential Owners’ Associations
The Florida Sunshine Law, established by the State Legislature in 1967, mandates transparency in government proceedings by requiring that meetings involving official business of state, county, and municipal boards, commissions, and agencies be open to the public. Key provisions of the law include the following:
- Meetings must be accessible to the public.
- Adequate notice must be given before meetings.
- Written minutes must be recorded and available for public scrutiny.
- Citizens are permitted to address meetings within reasonable guidelines.
- Secret ballot voting by board members or commissioners is prohibited.
- Decisions made in closed meetings are not legally binding.
Legal experts emphasize that the Sunshine Law applies to both elected and appointed government entities. While residential condominiums, cooperatives, and homeowners associations (HOAs) are not government bodies, they are governed by specific statutes that incorporate similar open meeting requirements. These statutes include:
- The Condominium Act (FS 718.112)
- The Cooperative Act (FS 719.106)
- The Homeowners Association Act (FS 720.303)
Due to the requirement for association governing documents to comply with the relevant Florida statute, the open meeting provisions mirror those found in the Sunshine Law.
Similarities between the Sunshine Law and residential association regulations include:
- Open board meetings for owners to attend.
- Notice requirements for upcoming board meetings.
- Availability of written minutes to owners.
- Owners’ rights to speak on agenda items.
- Prohibition of secret ballot voting by board members.
However, there are exceptions to the open meeting rules, such as closed sessions for discussions on litigation or personnel matters.
It is crucial for owners to understand what constitutes a board meeting, as any gathering of a quorum of directors to discuss association business qualifies as such. Failure to adhere to open meeting requirements may result in challenges to decisions made during unscheduled or closed meetings.
To ensure transparency and compliance with open meeting rules, owners are encouraged to educate themselves on governing documents and regularly attend board meetings. They can also request copies of meeting minutes and agendas to verify that all decisions are made in accordance with the law.
In instances where decisions appear to have been made outside of open meetings, owners have the right to inquire and seek clarification from the board. Maintaining transparency and accountability is essential for fostering trust and effective governance within residential owners’ associations.