Florida - HOA Bans Zoom Meeting Virtual Recordings by Members

Kimberly,

A reminder of one of the sites posting rules:

(3) No Mention of Community/Company/Person Names: In order to fairly enforce (2) and prevent liability, we do not allow the mentioning of any community name, company name or product. Please also do not post the full name of any person.

Is this a condominium subject to FS 718?

Whether it is a FS 718 condo or FS 720 HOA, the board does have the right to adopt reasonable rules for recordings. However the good news is that, where the law requires HOAs to allow xyz but also allows the HOA to regulate xyz via "reasonable rules," courts have said,that a flat-out ban on xyz is not reasonable.

Good luck finding an attorney.

Hi Tim, We have clear laws in Florida. The Florida Homeowners Association Act under Title 40 Chapter 720, which our HOA is governed by, clearly states "(10) RECORDING.—Any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership."

This right has been active since 2000 (almost 25 years) in Florida Statute 720.

I am past the personal research phase and am looking for an attorney and Florida court cases that relate to my issue. I would rather find an attorney that has experience and not rely on random blog-posters.

The easiest way to end recordings of zoom meetings is not more zoom meetings,

Agreed. I have thought of this and will ask the attorney, once I have one. What if we get the right to record virtually then, as a result, the HOA stops having virtual meetings? Ultimately, it would be best if large HOA's had to record and post the full meeting recordings for members. There should have to be a timely way to stay informed when members can't attend every single meeting, shouldn't there?

LoriM15,

Thank you. You have made some great points!!

It is a circular issue... meetings are at 2pm on weekdays, right in the middle of a workday. I missed the last one because I was out of the country and it would've been in the middle of the night.

The meeting minutes are a joke (and released over 30 days after the meeting). This is what our meeting minutes contain (I've changed names and other items for confidentiality, but this is the ACTUAL amount of information shared):

PRESENT IN PERSON: **List of Directors and Property Mgr names that were present.**

PRESENT BY ZOOM: **List of Directors' names who attended virtually.**

CALL TO ORDER: By Sally Smith, President, at 2pm.

APPROVAL OF MINUTES: **from last meeting, lists who voted**

TREASURER’S REPORT:
Adam Adams reviewed the Homeowners Association financials for September.
Operating/Reserve Account Balances and Accounts Receivable were also reviewed.

SECURITY AND SAFETY COMMITTEE:
Jack James, Chair, gave his report. A copy of the minutes was included in the Board packet

ARCHITECTURAL REVIEW COMMITTEE REPORT:
Property manager gave an ARC report. A copy of the ARC minutes was included in the Board packet.

XYX SERVICES COMMITTEE REPORT:
John Smith gave a brief report, which included summary of survey results.

COVENANTS COMMITTEE REPORT:
The committee did not meet. Nothing to report.

GOVERNMENT ACTION COMMITTEE REPORT:
Alice Adams, Chair, did not give a report.

HOLIDAY LIGHTING COMMITTEE REPORT:
Sally Smith (BOD President) announced the holiday lights have been installed, and will be set to turn on the day after Thanksgiving.
Sally asked if landscapers would be willing to help check on the lights before they leave for the day, and when they come back in the morning during the week.

TREE & CONCRETE COMMITTEE REPORT:
The committee did not meet. Nothing to report.

Government Action Committee Direction
Approval
Motion: To disband the Government Action Committee.
Made By: John Smith Seconded By: Mary McMahon
Vote: Unanimous Approval

NEW BUSINESS:

Electronic Consent Authorization Form & Board Resolution
Tabled
Motion: To table the agenda item until more information is received.
Made By: Adam Adams Seconded By: Mary McMahon
Vote: Unanimous Approval

Security and Safety Flyer
Approval
Motion: To approve sending out the flyer via email blast, and post to the association's website.
Made By: James Smith Seconded By: Rudy Roth
Vote: Unanimous Approval

Member Comments
Members made comments regarding the Government Action Committee, tennis court cleaning,
and tennis court waste baskets.

Members do not have access to the "Board Packet" frequently mentioned. Many more topics were discussed, and other member comments were made but not recorded. For example, I volunteered to help on the Holiday Lighting Committee, but there's no record of that. There are also no "action items" or follow-ups listed.

Are these typical for HOA meeting minutes? In my professional experience, such minutes would be insufficient even for a regular workplace meeting.

I TRULY believed that using an automated tool might help the Property Mgr create comprehensive minutes. Currently, the Property Manager handles multiple roles during meetings, including giving reports and taking minutes. Our Board Secretary doesn't seem responsible for minutes even though the Secretary is listed as responsible in the HOA by-laws and Florida law. The job can be delegated. The ARC Committee Meeting Minutes are excellent (the committee does them themselves).

Our community has over 400 properties, a full-time Property Manager, a part-time assistant, and a Property Management Company. Many residents volunteer for committees but are never contacted to serve.

The bottom line is we need better access to information. It's challenging to stay informed when meetings are inconvenient for Members to attend, and the records provided are inadequate. Even when I attend, important details are often in "Board Packets" we can't access, and decisions are made without sufficient transparency.

Additionally, there's a proposal to have the Property Manager validate new electronic board member election votes. I'm concerned this could be a conflict of interest, especially if a new Board might consider changing the Property Management Company or Manager. That is what they talked about at the meeting and is listed as "Electronic Consent Authorization Form & Board Resolution" in the above Meeting Minutes. Who would ever know from the Meeting Minutes that they were actually talking about allowing electronic voting and having the PM validate electronic member votes?!

I understand that seeking legal advice may be necessary, and while it can be costly, I believe it's important to address these transparency issues for the benefit of our community. Florida's new laws emphasize HOA transparency, and many residents share these frustrations, as evidenced by increased meeting attendance.

Thank you for your support and any guidance you can offer.

Aside from wait 5-10 years to replace the poor Board members, any other suggestions?

Regarding my legal questions...

Recording Virtual HOA Meetings in Florida:
Florida law grants homeowners association (HOA) members the right to record board meetings. Specifically, Florida Statute §720.306(10) allows members to record meetings of the board of directors and membership meetings with audio and video equipment. While the statute directly references in-person meetings, it does not explicitly address virtual meetings conducted via platforms like Zoom. However, the spirit of the law is to promote transparency, so it's arguable that this right extends to virtual meetings.

Using a Recording App as a Proxy (most likely a separate issue):
The use of a recording app to attend and record a meeting on my behalf is a nuanced issue. Florida law permits members to appoint proxies to attend meetings, but these proxies are typically other individuals who can vote or participate on the member's behalf. A recording app is not a person and may not qualify as a proxy under the law.

Given the complexities and the HOA's resistance, consulting an attorney experienced in Florida HOA law would be beneficial. They could provide guidance specific to my situation and help me understand my rights and options. Sadly, I feel I have hit a wall in trying to work with the Board or PM directly.

I plan to live here another 30 years. Many residents are retired and in their 70s. It is very hard for MANY interested property owners to attend. The main Board positions are filled by Directors who have been on the Board for 6+ years. We purchased here a couple years ago because we liked how things were. We also invested a lot to update our property. Now, they have changed things that are reducing the values of properties, and esthetics of the neighborhood, without the guidance of professionals (architects, etc.).

After attending 8 straight months of meetings, the Board has been completely unresponsive to ALL member requests and interests... One Board member tried to help a member once, another is new but clueless, another just left but I don't have any details on the vacancy because I missed ONE, the last, Board meeting. The member that resigned in October told me I should take his position because I am thoughtful, attend, and communicate well... but I doubt they'll let it happen. They seem VERY defensive, in control, and want to keep it that way. I would be for greater transparency to Members, treating Members with respect and consideration, and against only getting Board Member pet-projects done (those get done quick). Members are told if they want to affect change, they need to volunteer. Then, they volunteer and are never contacted (I've heard this from others, it's not just me). The whole thing is ridiculous.

The minutes you offer are exactly what Associations should be doing.

Minutes are a record of decisions and documentation of actions (committee/financial reports).
Minutes should not be a verbose document of who said what and when.

TimB4,

Here is a good example of what Meeting Minutes should contain:

----------------------------------------------------------------------------------------------------------------------------
MEETING MINUTES
Meeting Date: October 2, 2024
Meeting Time: 9:00 a.m.
Location: ABC Corporation Headquarters, Conference Room C

ATTENDEES:
John Smith, President
Jane Doe, Treasurer
Mary Johnson, Vice President
Mark Baker, Secretary
Emily Green, Director
Sarah Samuels, Director

ABSENTEES:
Dave Daniels, Director

1. Call to Order
John Smith, President, called the meeting to order at 9:03 a.m.

2. Approval of Previous Meeting Minutes
The minutes from the meeting held on September 13, 2024, were reviewed. Mark Baker, Secretary, motioned to approve the minutes, and Sarah Samuels, Director, seconded the motion. The motion carried unanimously.

3. Financial Overview (Presented by Jane Doe, Treasurer)
Q3 Financial Report
Mary Johnson, Vice President, reported a revenue increase of 11% compared to Q2, driven by the successful summer campaign.

Cost Management
Operational costs decreased by 7% due to vendor changes in July.

Next Steps
The finance team will prepare the draft annual budget for 2025. Mary Johnson will present it at the November meeting.

Decision: Mary Johnson, Vice President, motioned to approve a 6% increase in product development initiatives for Q4 to support demand. Emily Green, Director, seconded the motion. The motion carried unanimously.

4. Sales and Marketing
Sales Growth (Presented by Mark Baker, Secretary)
Mark reported a 13% month-over-month increase in sales volume, exceeding the team’s target due to strong demand and performance.

Marketing Campaign Success (Presented by Emily Green, Director)
Emily shared that the summer campaign generated 5,000 new leads with a 9% conversion rate.

Action Items:
Mark Baker: Provide feedback on market expansion strategies by October 15.
Emily Green: Prepare a new digital marketing strategy for Q4.

5. Adjournment
The meeting was adjourned at 10:30 a.m. by John Smith, President.

Next Meeting: October 16, 2024, at 9:00 a.m. in Conference Room C.

Action Items Summary
Jane Doe, Treasurer: Provide the 2025 draft budget by the next meeting.
Mark Baker, Secretary: Submit expansion strategy by October 15.
Emily Green, Director: Prepare a Q4 digital marketing strategy for the next meeting.

----------------------------------------------------------------------------------------------------------------------------

Tim, where are you getting your information on Meeting Minutes from? Proper minutes are more than restating the agenda, BOD attendees, and vote outcomes. For a large HOA like ours (450+ units, a full-time staff, and a significant budget), this approach is insufficient even if it has been .

Effective Meeting Minutes should include:

- Topics Discussed: Clear, accurate summaries of all topics without omissions or misleading phrasing.
- Reports Presented: Highlights of reports shared and their titles for reference.
- Action Items: Decisions made, reasons for tabling items, next steps, and responsible parties.

Minutes should be concise yet detailed enough to document discussions and decisions. Vague or poorly titled items fail to inform stakeholders or create a useful record.

I’m concerned about the resistance to providing transparency to property owners. While poor Meeting Minutes may have been tolerated in the past, that does not make it acceptable to continue this practice. Standards evolve, and as stewards of a large and professionally managed community, there is a responsibility to ensure that Meeting Minutes are clear, comprehensive, and transparent. This serves not only to keep members informed but also to protect the Board and demonstrate accountability.

I also fear that many who volunteer to be on HOA Boards do not understand the Fiduciary Duty/Responsibility they have LEGALLY AGREED TO PROVIDE to their Members. Being opaque, negligent, minimalist, dismissive, unaccountable, or/and evasive is not fulfilling the duties one has committed to.

I don't want to replace the entire board. Most, if not all, are good people. They just might be mis-advised by the Property Manager and not be up-to-date on laws.

I have volunteered to help, when they have openings, and will continue to. However, Members don't need to volunteer to have their legal rights honored.

LoriM15,

Good points.. but I've been confusing.

I've attended every meeting for the past 8 months except the last one, because I was out of the country. After they started making "surprise" dramatic changes to rules and the neighborhood started going downhill, I felt I had to attend. I had no idea what was going on by reading what they were providing. I think I'm the only non-BOD member that has attended that many meetings. Most only show up once, when they have an issue.

However, I don't think Members should have to attend every BOD and Committee meeting in order to know what is going on. So many of our members are in their 70s and there is no way they can sit through the litany of BOD and Committee meetings going on. It's a huge inconvenience for me but I'm doing it. I have volunteered (they don't call any of the volunteers tho). I will probably run for the Board when a position opens up.

I'm no more at odds with the BOD than the rest of the members are. They treat them the same as me when they inquire about anything. The last time I was there, a Board member who is moving and resigned, tracked me down to encourage me to run to take his place. I told him I didn't think the BOD liked me. He said there are all different personalities there and thought I would be a good fit. We'll see how that goes.

The PM... she treats members poorly and I'm sure I'm probably one of her least favorites right now. She'll like me even less soon, but she serves at the pleasure of the board and IMO is putting her company's contract at risk and possibly her own license.

THE PRIVACY LAW IS CLEAR... The HOA law that allows Members to record meetings supersedes the Florida "2-PARTY CONSENT" and Wiretapping laws. I've verified this. It's because when you join an HOA, you are agreeing to Florida HOA laws and should "reasonably expect" that HOA meetings will be recorded. So, the 2-party/wiretapping defense isn't applicable here. It makes sense... how could they give HOA Members the right to record but require them to get every attendees permission?!

Because of me recording the meetings, the Board now includes verbiage on all meeting Agendas and at the beginning of each meeting that says members may be recording the meeting. That's the right thing to do, so everyone is made aware. I suggested they announce it to attendees when I first notified them that I planned to record meetings.

I have done a records request before. Also, new Florida HOA laws require HOA's to make soooo much of their documentation available on an HOA website to members by January 1st of this year. That will be helpful. Florida is really doing great things for HOA communities and members, I think.

Any other ideas or suggestions? I think most, if not all, of our BOD members are pretty good and do their best. I think the overconfident, rude, power tripping Property Manager who gives bad advice is the main problem. It might not even be her company, just her. However, that is a theory. I'm sure with time I'll find out and we'll see if she starts verifying laws before advising on her own version of them. To be licensed to be an HOA Property Manager, a person needs a GED/HS Diploma, 72-hours of training or less, and to pass the Florida Real Estate Sales Associate Exam with a score of at least 75. I think the continuing education requirement is 4 hours every 4 years (less than the 4-hours a year an HOA Director is now required to do in Florida).

Does your association's contract with the property manager give authority to the property manager to count votes?

I want to point out that the sample minutes Kimberly provided ins't a goods maple for FL HOAs, or CA HOAs, and wraps many others.One reason is below:

"3. Financial Overview (Presented by Jane Doe, Treasurer)

Q3 Financial Report
Mary Johnson, Vice President, reported a revenue increas.....

....Operational costs decreased by 7% due to vendor changes in July.

Next Steps
The finance team will prepare the draft annual budget for 2025....

Decision: Mary ... motioned to approve a 6% increase in product development initiatives for Q4 to support demand. Emily...seconded the motion. The motion carried unanimously."

The problem is "decision" on a matter that was not listed on the Agenda and so was not posted xx hours in advance of the open Board meeting. In CA, FL and many states, Board may not make "scions, i.e.,vote unless theirs state requirements are met