Quote:
Posted By NoahA on 03/23/2019 7:40 PM
Can the board have an emergency board meeting without telling the community?
If so.
Can they take a vote by the board even if the president is not present?
Yes and Yes. Be very careful, though, because your definition of "emergency" isn't necessarily the legal definition. FS 720 lays out many extraordinary powers that boards may exercise in an emergency. Our last 2 HOA attorneys advised us that most emergency powers should only be used when the Governor has issued a State of Emergency for our county (which happens with some regularity in FL because of hurricanes).
I'd consider speaking with an attorney first. Even in an emergency, FS 720.316 says notice must still be given "in as practicable a manner as possible". You run the risk, even if it's small, of having the entire meeting declared invalid and then any action taken at that meeting would be null and void.
In most cases the lack of planning or preparation on your part does not constitute an emergency when things go wrong.