The board needs to meet right away: what notice does an emergency meeting require?

Jason Hamilton Mikes, JD, MBA
Founder & Managing Shareholder

• Published October 2, 2026
• Reviewed by Jason Hamilton Mikes, JD, MBA, October 2, 2026
• Florida Statutes as of July 1, 2026
• Applies to: Condominiums · HOAs · Cooperatives
• Written for: Community association managers

All three Florida statutes require board meeting notice to be posted at least 48 hours in advance "except in an emergency" (§ 718.112(2)(c)1.; § 720.303(2)(c)1.; § 719.106(1)(c), Fla. Stat.). In condominiums and cooperatives, an item not on the notice may be taken up on an emergency basis by at least a majority plus one of the board, and the action must be noticed and ratified at the next regular board meeting. Separate emergency powers apply after a declared state of emergency.

The manager's checklist

1. Ask whether it's really an emergency. The meeting statutes don't define "emergency." In practice, that means a situation where waiting 48 hours would risk harm to people or property or significant additional loss, such as a burst riser, a fire, a failed seawall, or an approaching storm. Inconvenience, a vendor's deadline, or a board that forgot to post notice isn't an emergency.
2. Give as much notice as you can. The exception excuses the 48-hour minimum, not all notice. Post on the property, e-mail owners who consented to electronic notice, and post on the website or app if you have one. Write down when and how notice went out.
3. Confirm a quorum and keep it open. The board still acts only at a meeting with a quorum. Let owners attend and keep minutes. Don't replace the meeting with e-mail voting; see directors deciding by email.
4. Limit the agenda to the emergency. Handle the urgent item and nothing else. Routine business waits for a regularly noticed meeting.
5. Condos and co-ops: count the votes. If an item not on a posted notice is taken up on an emergency basis, it takes at least a majority plus one of the board members. That emergency action "must be noticed and ratified at the next regular board meeting" (§ 718.112(2)(c)1.; § 719.106(1)(c)). Put the ratification on that agenda right away.
6. Watch the 14-day notice items. Condos and co-ops must give 14 days' mailed, delivered, or electronic notice, plus posting, of a meeting to consider a nonemergency special assessment or an amendment to rules on unit use (§ 718.112(2)(c)1.; § 719.106(1)(c)). An HOA must give 14 days' notice of any meeting at which special assessments or rules on parcel use will be considered, with no emergency exception in the text (§ 720.303(2)(c)2.).
7. Minute the reason. Record what the emergency was, why the item couldn't wait 48 hours, how notice was given, who attended, and the vote. That record is your support if an owner later challenges the meeting.

When a state of emergency is declared

Separate statutes give boards extra powers, but only "in response to damage or injury caused by or anticipated in connection with an emergency," as defined in § 252.34(4), "for which a state of emergency is declared pursuant to s. 252.36" in the area where the association is located (§ 718.1265(1); § 720.316(1); § 719.128(1)). A § 252.36 declaration is made by executive order or proclamation of the Governor. The powers apply unless the governing documents specifically prohibit them, and include:

• Conducting board meetings, committee meetings, elections, and membership meetings by telephone, real-time videoconferencing, or similar means, with notice given as is practicable. The HOA and co-op statutes list examples: publication, radio, U.S. mail, the Internet, electronic transmission, public service announcements, and conspicuous posting (§ 718.1265(1)(a); § 720.316(1)(a); § 719.128(1)(a)).
• Canceling and rescheduling association meetings (§ 718.1265(1)(b); § 720.316(1)(b); § 719.128(1)(b)).
• Levying special assessments without a vote of the owners, and borrowing money and pledging association assets to fund emergency repairs (§ 718.1265(1)(l)–(m); § 720.316(1)(j)–(k); § 719.128(1)(l)–(m)).
• Mitigation steps such as debris removal agreements, implementing a disaster plan, and restricting access to unsafe areas.

These powers are limited to the time reasonably necessary to protect health, safety, and welfare and to mitigate further damage and make emergency repairs (§ 718.1265(2); § 720.316(2); § 719.128(2)). They aren't a license to postpone the annual meeting indefinitely or to fund unrelated projects.

How it differs: condo, HOA, co-op

Even though the HOA statute has no ratification requirement, many HOA boards ratify emergency actions at the next regular meeting as a matter of good practice. Your bylaws may have their own emergency procedures, so check them.

Common mistakes

• Calling a meeting an "emergency" to cover missed notice on a routine item.
• Adding unrelated business once the board is together.
• Forgetting to ratify the emergency action at the next regular board meeting in a condo or co-op.
• Assuming an HOA can skip the 14-day notice for an emergency special assessment because a condo could.
• Relying on § 718.1265, § 720.316, or § 719.128 when no state of emergency has been declared for your area.
• Failing to record in the minutes why the meeting couldn't wait.

Related resources

• Board meeting checklist
• Meeting minutes checklist
• Special assessment planning checklist
• Board meetings: condo vs. HOA vs. co-op
• Directors deciding by email
• Special assessments
• Manager or lawyer?

Talk to association counsel

If the board needs to act before full notice can be given, especially to levy an assessment, borrow, or sign repair contracts, a quick call to association counsel can keep the action defensible. Call Hamilton Mikes, P.A. at 239-594-7227 or reach us through our contact page.