Holding Florida Board Meetings by Video Conference: The Notice, the Location, and the Recording
By Carlos Castellano · Current as of
A Florida condominium board may hold its meetings by video conference, and so may its committees and the unit owners. Chapter 718 sets three conditions for every one of those meetings: the notice says the meeting is by video and gives a link and a call-in number, there is a physical location where owners can attend in person, and the meeting is recorded and kept as an official record. Homeowners’ associations work from a shorter rule in Chapter 617 that lets directors attend remotely. This article covers the condo rules first, then the HOA rules. The general notice periods for board meetings are in Florida board meeting notice requirements.
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How to read this article
BoardComply provides education and compliance tools, not legal advice. This article explains Florida law as we read it, with citations to the statutes. Where the law is unsettled we say so, and where regulators clarify a point we will update this article and note the change. For advice about your association’s specific situation, talk to a Florida community association attorney.
What the statute means by a video conference
Section 718.103(33), Florida Statutes, defines the term and attaches the core requirements to it:
“‘Video conference’ means a real-time audio- and video-based meeting between two or more people in different locations using video-enabled and audio-enabled devices. The notice for any meeting that will be conducted by video conference must have a hyperlink and call-in conference telephone number for unit owners to attend the meeting and must have a physical location where unit owners can also attend the meeting in person. All meetings conducted by video conference must be recorded, and such recording must be maintained as an official record of the association.”
Because the definition says “any meeting,” these requirements apply to board meetings, committee meetings, the budget meeting, and unit owner meetings alike when they are held by video conference.
Condo board meetings by video conference
Section 718.112(2)(b)5. provides: “A board meeting may be conducted in person or by video conference.” It continues:
“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.”
A director on the video call or on the phone counts toward quorum and votes on the same footing as a director in the room. The room needs a speaker so the directors and owners there can hear the remote participants. Directors still may not vote by email: Section 718.112(2)(c) allows email “as a means of communication” but provides that directors “may not cast a vote on an association matter via e-mail.”
The notice
Section 718.112(2)(c)1. requires notice of every board meeting, specifically identifying all agenda items, posted conspicuously on the condominium property “at least 48 continuous hours before the meeting except in an emergency.” For a video meeting, it adds:
“If the board meeting is to be conducted via video conference, the notice must state that such meeting will be via video conference and must include a hyperlink and a conference telephone number for unit owners to attend the meeting via video conference, as well as the address of the physical location where the unit owners can attend the meeting in person.”
So the notice for a condo video meeting carries four things:
- A statement that the meeting will be held by video conference.
- The hyperlink owners use to join.
- A conference telephone number for owners who call in.
- The address of the physical location.
The longer notice periods still apply when the agenda calls for them. A meeting that will consider a nonemergency special assessment or a change to the rules on unit use takes 14 days’ mailed, delivered, or electronically transmitted notice plus posting, with an affidavit of compliance, under the same subparagraph.
The physical location
Every condo meeting held by video conference has a physical location where owners can attend in person (Section 718.103(33)). For board meetings, Section 718.112(2)(b)5. lets directors take part by video or telephone, and the speaker requirement covers whoever is in the room.
The annual owner meeting has an added rule. Section 718.112(2)(d)2. provides that “[i]f the annual meeting of the unit owners is conducted via video conference, a quorum of the members of the board of administration must be physically present at the physical location where unit owners can attend the meeting.” That location is the one the bylaws name or, if the bylaws are silent, a place within 15 miles of the condominium property or in the same county.
The recording
Section 718.112(2)(c)1. provides: “If the meeting is conducted via video conference, it must be recorded and such recording must be maintained as an official record of the association.” Section 718.112(2)(d)2. says the same for owner meetings. Record the full meeting, from the call to order to adjournment.
How long to keep it. Section 718.111(12)(a)6. lists the minutes of all meetings “and a recording of all such meetings that are conducted by video conference” among the official records. Where there are approved minutes for the meeting, the recording is kept “for at least 1 year after the date the video recording is posted” on the association website.
Posting it. A condo association with 25 or more units (other than a timeshare condominium) keeps a website or app under Section 718.111(12)(g), and Section 718.111(12)(g)2.f. requires it to post “[t]he video recording or a hyperlink to the video recording for all meetings of the association, the board of administration, any committee, and the unit owners which are conducted by video conference over the preceding 12 months.” The full list of website documents is in the association records website.
Closed sessions. Board meetings with the association’s attorney about proposed or pending litigation, and board meetings about personnel matters, do not have to be open to owners (Section 718.112(2)(c)5.). The recording sentence in Section 718.112(2)(c)1. does not list an exception for these sessions. In our reading, a board should ask the association’s attorney how to record and keep a closed session before holding one by video.
Committee meetings and the budget meeting
Section 718.112(2)(c)4. makes committee meetings that take final action for the board or make budget recommendations subject to the board-meeting rules, and the website list in Section 718.111(12)(g)2.f. includes committee meetings held by video conference. A committee meeting held by video carries the same notice, location, and recording requirements.
For the budget, Section 718.112(2)(e)1. provides that a meeting of the board or owners “at which a proposed annual association budget will be considered may be conducted by video conference,” with a sound-transmitting device so those attending in person can hear. The 14-day budget notice, with a copy of the proposed budget and an affidavit, still applies. The budget steps are in adopting the annual budget.
Owner meetings and voting
Section 718.112(2)(d)2. provides: “Unit owner meetings, including the annual meeting of the unit owners, may be conducted in person or via video conference.” The annual meeting keeps its 14-day notice with an agenda under Section 718.112(2)(d)4., and when it is held by video, the notice also carries the link, the call-in number, and the physical address.
Owners who join by video can vote during the meeting only through an adopted online voting system. Section 718.112(2)(d)1. provides that “[i]f a unit owner meeting is conducted via video conference, a unit owner may vote electronically in the manner provided in s. 718.128,” which requires a board resolution and each owner’s consent first. That process is in adopting online voting. The election itself still runs on the condo election calendar in how Florida condo board elections work.
HOA board meetings with remote directors
Chapter 720 has no video conference section. An HOA incorporated as a not-for-profit corporation is also governed by Chapter 617 (Section 720.302(5)), and Section 617.0820(4) provides:
“Unless the articles of incorporation or the bylaws provide otherwise, the board of directors may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.”
An HOA board may therefore let directors join by video or telephone, or hold the whole meeting that way, unless its articles or bylaws say otherwise. A remote director counts as present. Read the bylaws first, because they control.
The open-meeting rules in Section 720.303(2) still apply. Members “have the right to attend all meetings of the board,” including the right to speak on designated agenda items, and notice must be posted conspicuously at least 48 hours ahead with the agenda items identified (or mailed or delivered at least 7 days ahead). In our reading, an HOA board meeting held by video should give members a way to attend and speak, such as a link and a call-in number in the notice, or a room where members can join. Chapter 720 does not require an HOA to record its board meetings. Any member may record or videotape board meetings under Section 720.306(10), subject to the board’s reasonable rules. Directors may not vote by email (Section 720.303(2)(a)).
The steps in order
- Read the bylaws for notice periods, the annual meeting location, and any rule on remote participation.
- Set up the link, the call-in number, and the physical location before the notice goes out.
- Condo: post notice at least 48 continuous hours ahead that says the meeting is by video conference and lists the link, the call-in number, the address, and every agenda item. Use 14 days where the agenda requires it.
- Condo annual meeting by video: have a quorum of the board at the physical location.
- Put a speaker in the room so everyone there can hear the remote participants.
- Condo: record the entire meeting.
- Condo: keep the recording as an official record, and post it or a link to it on the website if the association has 25 or more units.
- HOA: notice the meeting as usual and give members a way to attend and speak.
Notice and meeting requirements are one of the four required HOA topics and part of the education Florida requires of newly elected condominium directors. Our HOA certification course and condo certification course cover the required curriculum with the statutes cited and save your place as you go.