I have written several blogs about a unit owner’s responsibility
to look after their unit, even when they go away for the summer
or back to their home in the northern part of the country. Does
the same responsibility apply to members of the Board? I
believe it does.
Board members deserve breaks too. They deserve summer vacations
as much as the next guy. But just like a unit owner still has a
responsibility to look after their unit when they leave town , a
Board member has the same responsibility to keep abreast of
association matters when they are away from the community for a
while.
I often hear how it’s impossible to have board meetings in the
summer because of a lack of board members remaining in the
community during the summer. So what?
The Florida condominium statute states:
A board or committee member’s participation in a meeting via
telephone, real-time videoconferencing, or similar real-time
electronic or video communication counts toward a quorum, and
such member may vote as if physically present. A speaker must be
used so that the conversation of such members may be heard by
the board or committee members attending in person as well as by
any unit owners present at a meeting.
The HOA statute contains no similar provision.
There’s no reason why a Board can’t hold a meeting in July or
August if the board members can appear by telephone. In fact,
one can argue that because Florida is hurricane alley, these may
be the most important months of the year to have board meetings
in order to discuss hurricane preparedness and safety. The
bottom line is that if you are willing to serve on a board of
directors, your obligation to keep abreast of association
matters doesn’t end because you’re spending a few months away
from the property. It continues, as long as you are a member.
The board should still have meetings, can communicate with each
other by e-mail and should be reachable at all times, and
especially in case of an emergency.