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Condominium Board Meeting Checklist: What Chapter 718 Requires Before, During and After the Meeting

A Chapter 718 checklist for condominium boards: the 48-hour posting, the 14-day notice items, emergency agenda votes, closed sessions and the records to keep.

Chapter 718 is more prescriptive about board meetings than either of the other two chapters. It tells you how long the notice must sit on the wall, what the agenda must say, what a special assessment notice must contain, when a meeting may be closed, and what the notice must carry if the meeting is on video. This checklist works through one condominium board meeting against those requirements.

Download the PDFThe PDF is a designed, printable copy for the board packet, the bulletin board or your meeting portfolio. On screen, you can tick the boxes below; nothing you tick is saved or sent anywhere.

If you want the version that covers condominiums, cooperatives and HOAs side by side, use the general board meeting checklist. This one stays inside Chapter 718 and goes deeper. Read it with your bylaws open: the documents may require a longer notice period or an additional method of delivery, and where they do, the documents control.

Before the notice goes out

  • This applies to a residential condominium association of more than 10 units. Fewer than a quarterly cadence is a statutory violation even if nothing needed deciding.§ 718.112(2)(c)
  • This is separate from the right to speak on designated agenda items. Four times a year the agenda itself has to carry an open question period.§ 718.112(2)(c)
  • Posting in a place the board never formally designated is a common and entirely avoidable defect.§ 718.112(2)(c)2.
  • A petition by 20 percent of the voting interests obliges the board to place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose, within 60 days after receipt.§ 718.112(2)(c)1.
  • Nonemergency special assessments and amendments to rules regarding unit use — § 718.112(2)(c)1.

Posting the notice: the 48-hour rule and its exceptions

  • "Old business" and "new business" identify nothing. The statute uses the words "specifically identify all agenda items."§ 718.112(2)(c)1.
  • Continuous means it stays up. A notice posted Friday and removed Saturday morning for a pressure-washing crew has not run 48 continuous hours.§ 718.112(2)(c)1.
  • The 48-hour rule applies "except in an emergency." The statute does not define emergency for this purpose, so document the facts contemporaneously.§ 718.112(2)(c)1.
  • This is the substitute for posting, and it moves an ordinary board meeting onto a 14-day clock. Boards in associations with no common posting location are routinely caught by this.§ 718.112(2)(c)2.
  • The broadcast must also run long enough for an average reader to read and comprehend the whole notice and agenda.§ 718.112(2)(c)2.
  • Website posting is an addition to the authorized means of notice, and the rule authorizing it has to carry the e-mail requirement. Photograph the posted notice with a date stamp, or have the person who posted it sign a short affidavit, and keep it with the meeting file.§ 718.112(2)(c)2.

The 14-day notice items

  • Both steps are required. Posting alone does not satisfy it, and mailing alone does not either.§ 718.112(2)(c)1.
  • This affidavit is expressly required by the statute. It is the single most useful piece of paper the association will have if the assessment is later challenged.§ 718.112(2)(c)1.
  • A notice that says the board will "discuss funding" states neither the cost nor the purpose. Both must appear.§ 718.112(2)(c)3.
  • The contract must also be made available for inspection and copying on written request, or made available on the association website or downloadable application.§ 718.112(2)(c)3.
  • Chapter 718 requires the owner's consent for electronic transmission but does not say the consent must be in writing. Chapter 720 does say so. Take it in writing either way.
  • The condominium threshold is 5 percent of the total annual budget including reserves. Separately, a manager soliciting bids for the association must obtain multiple bids for any purchase over $2,500, and a violation makes the management contract voidable with no termination fee.§ 718.3026(1); § 468.4335

Video conference meetings

  • § 718.112(2)(c)1.
  • A link alone is not compliant notice. So is a link plus a dial-in number without a physical address. All three are listed in the statute.§ 718.112(2)(c)1.
  • The statute requires a video-conference board meeting to be recorded. Once there are approved minutes for that meeting, the recording must be kept for at least 1 year after the date the video recording is posted.§ 718.112(2)(c)1.; § 718.111(12)(a)6.
  • A board or committee member participating by telephone, real-time videoconferencing or similar real-time electronic or video communication counts toward a quorum and may vote as if physically present. The subparagraph numbering for that rule is flagged in the verification list below.
  • A board or committee member may submit in writing agreement or disagreement with action taken at a meeting the member did not attend. It is recorded. It does not count toward the quorum and it is not a vote.§ 718.112(2)(b)4.
  • For a unit owner meeting held by video conference, including the annual meeting, a quorum of the board must be physically present where owners can attend.§ 718.112(2)(d)2.

Committee meetings

  • If either is true, the committee meeting follows the board meeting notice rules in full.§ 718.112(2)(c)4.
  • Committees that do neither of those things are still subject to this section unless the bylaws exempt them. Silence in the bylaws means the meeting is open and noticed.§ 718.112(2)(c)4.
  • Minutes of any committee are on the list of records the association must keep, alongside board and unit owner meeting minutes.§ 718.112(2)(c)1., 4.; § 718.111(12)(a)6.

At the meeting

  • In person, by telephone, by video. The minutes should show the method, not just the name.
  • This one line is what answers a challenge two years later.
  • The question right is broader than boards expect. It reaches construction status and the current year's revenues and expenditures, not just agenda items.§ 718.112(2)(c)
  • The association may adopt such rules. Rules invented at the table are not rules.§ 718.112(2)(c)
  • The right is statutory. The Division adopts reasonable rules governing tape recording and videotaping, and the association may not simply forbid it.§ 718.112(2)(c)
  • Directors may use e-mail as a means of communication but may not cast a vote on an association matter by e-mail. A poll of directors by e-mail followed by a rubber stamp at the meeting is the practice this was written to stop.§ 718.112(2)(c)
  • Not a majority. A majority plus one. On a five-member board that is four.§ 718.112(2)(c)1.
  • The emergency action must be both noticed and ratified at the next regular board meeting. Skipping the ratification leaves the action exposed.§ 718.112(2)(c)1.
  • § 718.111(1)(b)
  • § 718.3027; § 617.0832

Closed sessions

  • There is no general executive session in Chapter 718. Contract negotiations, delinquency discussions and owner complaints are not grounds.§ 718.112(2)(c) — subparagraph numbering flagged below
  • The litigation ground is a meeting between the board or committee and the association's attorney. Directors discussing the lawsuit among themselves without counsel do not come within it.
  • The statute exempts the meeting from the open-meeting requirement. It does not create a separate power to decide in private, and the vote still has to appear in the minutes.
  • Forwarding it to an owner, or reading it into an open session, can waive the privilege for everyone.

Records to retain after the meeting

  • Minutes are among the records that must be permanently maintained from the inception of the association, not merely kept for 7 years.§ 718.111(12)(a)6.; § 718.111(12)(b)
  • These are not on the permanent list, so the 7-year rule applies to them. Keeping them with the minutes is the simplest way to be sure they survive.§ 718.111(12)(b)
  • Posting is due within 30 days after the association receives or creates the record.§ 718.111(12)(g)
  • Failure to provide access to official records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply.§ 718.111(12)(c)

Statutes and authorities referenced

Contact Hamilton Mikes

Hamilton Mikes reviews condominium meeting notices, agendas and minute practices for Southwest Florida boards and managers, and advises on closed sessions, emergency action and the records that support a board vote. Call 239-594-7227 or visit our Corporate Governance page.

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