Sunshine Law and Community Associations

The “Sunshine Law” pertains to Community Associations (Condominium, Homeowner & Cooperatives) in respect to how meetings are held and conducted. Florida Statutes 718, 719, and 720 contain similar wording and provisions with respect to holding meetings in the presence of the owners.

For condominiums, FS 718.112 (2) (c) states:

“Meetings of the board of administration at which a quorum of the members is present shall be open to all unit owners.

FAC 61B-23001 (1) (a) defines a “meeting” as:

“Any gathering of the members of the board of directors at which a quorum of the members is present, for the purpose of conducting association business.”

And (b):

“Unit owners have the right to attend and observe all meetings of the board of administration and its committees.”

Some exceptions are:

FS 718.112 (2) (c) 3. a. b.

3. Not withstanding any other law, the requirement that board meetings and committee meetings be open to the unit owners does not apply to:

a. Meetings between the board or a committee and the association’s attorney, with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or

b. Board meetings held for the purpose of discussing personnel matters.

In Homeowners’ Associations, FS 720.303 (2) (a) and (b) states:

“A meeting of the board of directors of an association occur whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings the board and it’s attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by attorney client privilege.” Meetings to discuss “personnel matters” are also not required to be open to the members.

It is recommended that notice be posted for all meetings whether they are to be open or closed.
Becker & Poliakoff has prepared a booklet with a synopsis of Community Association Sunshine Law.

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