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NicholasL2 (Florida)
Posts: 5
Posted:
Our Association conducts monthly meetings but their are times when we need to have a decision made on important items that can't wait until the next meeting. Is it legal in Florida for the Board to approve an expenditure, via e-mail, as long as it is unanimous? And then the unanimous approval would be presented on the agenda at the next duly noticed board meeting to memorialize it for the minutes?
PeterD3 (Florida)
Posts: 708
Posted:
Florida SS720 does not address "Actions without a meeting" or similar. Your docs might. If not you may find some help in the SS regarding "Corporations not for profit". I don't know the chapter # off hand.
BarbaraD6 (Florida)
Posts: 347
Posted:
Nicholas,

Our governing documents give the Board to vote between meetings as long as it a unanimous vote.

Barbara
DonnaS (Tennessee)
Posts: 5,671
Posted:

Peter,

That Statute will be 617, Not For Profit Corps.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Nicholas,

Here is your Statute. Taken from the Not For Profit Statute that all HOAs are registered under. Please note that the first sentence has the words."UNLESS THE ARTICLES OF INC OR BY LAWS PROVIDE OTHERWISE"

"617.0821Action by directors without a meeting.
—(1)Unless the articles of incorporation or the bylaws provide otherwise, action required or permitted by this act to be taken at a board of directors’ meeting or committee meeting may be taken without a meeting if the action is taken by all members of the board or of the committee. The action must be evidenced by one or more written consents describing the action taken and signed by each director or committee member.

(2)Action taken under this section is effective when the last director signs the consent, unless the consent specifies a different effective date.

(3)A consent signed under this section has the effect of a meeting vote and may be described as such in any document.

History.—s. 47, ch. 90-179.

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