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Sample board resolution: written rules for owners speaking and recording at Florida board meetings

Sample resolution for Florida condo, HOA and co-op boards adopting written rules on owner comments and recording at board meetings. Adapt with counsel.

This sample resolution lets a Florida condominium, HOA or cooperative board adopt written, reasonable rules for owner comments and recording at board meetings. Florida owners have a statutory right to speak on all designated agenda items and to record board meetings (§ 718.112(2)(c); § 720.303(2)(b); § 720.306(10); § 719.106(1)(c), Fla. Stat.). Written rules may govern how often, how long and in what manner owners speak, but they can't take the right away. This is a sample, not a form. Have association counsel adapt it to your governing documents before the board adopts it.

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When to use this sample

  • Your board enforces a "three-minute rule" or sign-up sheet that was never adopted in writing.
  • One or two owners regularly take over the comment period.
  • A special assessment, SIRS funding or other heated item is coming up, and you want rules in place before the meeting, not during it.
  • Owners are recording meetings and the board wants clear, lawful equipment rules.

Adopt the rules at a calm, regular meeting, well before you need them. Rules adopted the night of a fight look aimed at one person.

What Florida law requires and allows

  • Condominiums. The right to attend board meetings includes the right to speak on all designated agenda items. "The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements" (§ 718.112(2)(c)). Owners may also ask questions about construction or repair projects, revenues and expenditures, and other issues affecting the condominium (§ 718.112(2)(c)).
  • Condominium recording. Owners may record board meetings, and the Division sets the recording rules (§ 718.112(2)(c)). Only equipment that doesn't produce distracting sound or light is allowed. Set-up before the meeting, staying in place, and advance notice may be required only if adopted in advance as a written rule (Fla. Admin. Code R. 61B-23.002(10)). Owners may speak at board and committee meetings subject to reasonable restrictions (Fla. Admin. Code R. 61B-23.002(9)).
  • HOAs. Members may speak on all designated agenda items. The association "may adopt written reasonable rules" expanding the right to speak and governing the frequency, duration and other manner of member statements, and the rules may include a sign-up sheet (§ 720.303(2)(b)).
  • HOA recording. Parcel owners may record board and member meetings, and the board may adopt reasonable rules governing the taping (§ 720.306(10)).
  • Cooperatives. Owners may speak on all designated agenda items and record board meetings, the association may adopt reasonable written rules on the frequency, duration and manner of owner statements, and the Division sets recording rules (§ 719.106(1)(c)).

Sample resolution

RESOLUTION OF THE BOARD OF DIRECTORS OF
[ASSOCIATION NAME]
ADOPTING RULES FOR OWNER PARTICIPATION AT BOARD MEETINGS
WHEREAS, [ASSOCIATION NAME] (the "Association") is a [condominium / homeowners' / cooperative] association governed by Chapter [718 / 720 / 719], Florida Statutes, and its governing documents;
WHEREAS, owners have the right to attend board meetings, to speak with reference to all designated agenda items, and to record board meetings, as provided by Florida law;
WHEREAS, Florida law permits the Association to adopt written reasonable rules governing the frequency, duration, and manner of owner statements [HOA: and the taping of meetings];
WHEREAS, the Board wishes to give every owner a fair opportunity to be heard while allowing the Board to complete its noticed agenda;
NOW, THEREFORE, BE IT RESOLVED that the following rules are adopted, effective [DATE]:
1. SIGN-UP. An owner who wishes to speak shall sign the speaker sheet [before the meeting is called to order / by [TIME]], listing the agenda item(s). [OPTIONAL: Owners attending by video conference may sign up by [METHOD].]
2. TIME. Each owner may speak for up to [3] minutes on each designated agenda item. The chair may extend time equally for all speakers on an item.
3. TIMING. Owner comments on an agenda item will be taken before the Board votes on that item [or: during an owner comment period near the start of the meeting].
4. AGENDA ITEMS. Owner statements shall relate to designated agenda items. [OPTIONAL: An open forum of up to [15] minutes will be held at the end of each meeting for other topics.] [CONDOMINIUMS - COUNSEL TO CONFORM: owners' statutory right to ask questions about construction or repair projects, revenues and expenditures, and other issues affecting the condominium.]
5. ONE SPEAKER AT A TIME. Speakers shall be recognized by the chair, address their remarks to the chair, and speak one at a time. Owners may not yield their time to another owner [unless the chair permits].
6. DECORUM. Speakers shall not use profanity, make personal attacks, or make threats. The chair may ask a speaker to conclude remarks that violate this rule.
7. RECESS. If disorder prevents the Board from conducting business, the chair may call a recess.
8. RECORDING. Owners may record the meeting, subject to the following:
   (a) [CONDOMINIUMS: Only equipment that does not produce distracting sound or light emissions may be used.]
   (b) [Equipment shall be set up before the meeting begins.]
   (c) [Persons recording shall not move about the room to record.]
   (d) [Owners intending to record shall give the Board advance notice by [METHOD].]
   [HOA: reasonable taping rules as counsel advises.] [COOPERATIVES: counsel to conform to applicable Division rules.]
9. EQUAL APPLICATION. These rules apply equally to all owners, regardless of the position taken.
10. NOTICE OF RULES. These rules shall be posted [LOCATION/WEBSITE], provided to owners, and summarized by the chair at the start of each board meeting.
ADOPTED by the Board of Directors at a duly noticed meeting held on [DATE].
______________________________
[NAME], President
ATTEST: ______________________________
[NAME], Secretary

Notes for the board

  • Have counsel review it. Drafting rules that limit owner rights, and deciding what is "reasonable," is legal work.
  • Check the governing documents. Your bylaws or existing rules may already address meetings, or may require a particular adoption process.
  • Rules can't erase statutory rights. No rule may stop owners from speaking on designated agenda items or from recording.
  • HOA wording. Section 720.303(2)(b) uses "may adopt" and mentions expanding the right to speak, not just limiting it.
  • Condo recording limits need advance written adoption. Without a written rule adopted in advance, you can't require notice of recording or fixed placement (Fla. Admin. Code R. 61B-23.002(10)).
  • Apply them evenly. A rule enforced only against critics invites a complaint.

Manager or lawyer?

Usually manager work (ministerial)

  • Running the sign-up sheet and timer under adopted rules.
  • Posting and distributing the adopted rules.

Call association counsel when…

  • The board wants to adopt or change the rules.
  • Someone wants a disruptive owner removed.
  • An owner claims the rules violate their rights.

See Manager or lawyer? and The Florida Bar re Advisory Opinion – Activities of Community Association Managers, No. SC13-889 (Fla. May 14, 2015).

Frequently asked questions

Can the board limit owners to three minutes?

Yes, if the limit is in a written reasonable rule applied to everyone. Florida law lets condos, HOAs and co-ops adopt written rules on the frequency, duration and manner of owner statements.

Can we require owners to sign up before speaking?

Yes, if it's in your written rules. The HOA statute expressly allows a sign-up sheet (§ 720.303(2)(b)).

Can the board ban recording?

No. Owners may record board meetings. Rules can govern equipment and placement, and in a condo some limits apply only if adopted in writing in advance.

Do these rules need owner approval?

The statutes let the association adopt these rules. Check your governing documents for any other process.

Talk to association counsel

Speaking rules work best when written before the fight. Call Hamilton Mikes, P.A. at 239-594-7227 or reach us through our contact page to tailor this sample to your association.

Statutes and authorities referenced

  • § 718.112(2)(c), Fla. Stat. (condominium owners' right to speak on designated agenda items; written reasonable rules on frequency, duration and manner; recording)
  • § 720.303(2)(b), Fla. Stat. (HOA members' right to speak; written reasonable rules, which may include a sign-up sheet)
  • § 720.306(10), Fla. Stat. (HOA parcel owners may record meetings; board may adopt reasonable rules)
  • § 719.106(1)(c), Fla. Stat. (cooperative owners' right to speak and record; written reasonable rules on frequency, duration and manner; Division recording rules)
  • Fla. Admin. Code R. 61B-23.002(9)–(10) (condominium speaking and recording rules)

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