October 21, 2o26 | Mark Luis Foster
Florida generates some interesting and often unusual situations in HOA land. Is it because there are so many HOAs there, or is the sun baking their brains? From News 6 in Orange County:
Several homeowners are suing their homeowners association (HOA) and its property management company over a communitywide roofing project they say was approved improperly — and paid for before a public vote.
Right away I’m wondering if a public vote was really in the cards. It of course depends on their governing documents. However, the plot thickens anyway. Turns out the board held a public meeting to get “input,” and then the wheels came off.
In a lawsuit filed in Orange County, [Resident Kenneth] Yuret and other homeowners allege the June 22 meeting was a “sham” — claiming those HOA records show a $232,000 deposit check was issued to the contractor on June 10, 12 days before the public meeting took place.
Ruh roh.
The lawsuit alleges the HOA and Beacon Community Management Inc. violated Florida law by executing a roofing contract and disbursing association funds without a properly noticed, open board meeting and lawful vote.
And what to Florida statutes say about this?
Florida Statute 720.303 generally requires HOA board meetings to be open to members and extends those requirements to committees or similar bodies when they make the final decision regarding the expenditure of association funds. The law also establishes notice requirements for meetings at which special assessments will be considered.
