Board Condominium Governance Legal

Do We Have to Follow the Condo By-laws to Pass a Budget?


R.H. from Pinellas County, Florida writes:

Dear Mister Condo,

Our condo is in Pinellas county Florida. We only have 4 units. No unit owners live there full time. Do we have to follow the condo by-laws on meetings for budgets or assessments? Or, can we communicate and vote by e-mail and phone?

Mister Condo replies:

R.H., I am not an expert on Florida condo procedures but it would hardly be possible for you to hold regularly scheduled meeting of the association if the owners aren’t physically together. Electronic communications, like email and even phone conference are probably fine for the routine meetings. However, I would be concerned about passing budgets and special assessments strictly by email. If you have unanimous consent of all owners on these important financial items, there should be no problem. However, if one or more of the owners decided to fight the budget or assessment, your by-laws and Florida state condo laws would come into play if one of those owners decided to take the Board to court. I would play it by ear. If no one is complaining, you are probably fine to do what you’ve been doing. Just be wary of any member pushing back against the budget or assessment. In that case, I would follow the letter of the by-laws and even delay a vote until all parties could convene for an annual meeting. Best wishes!

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