Florida condominium, HOA and cooperative owners have a statutory right to attend board meetings, speak on all designated agenda items, and tape record or videotape the meeting (§ 718.112(2)(c), § 720.303(2)(b), § 720.306(10), § 719.106(1)(c), Fla. Stat.). The association may adopt reasonable written rules on how long, how often and in what manner owners speak, and for condos the DBPR rule sets limits on recording equipment (Fla. Admin. Code R. 61B-23.002(10)). It may not shut either right off.
The manager's checklist
- Find the association's written meeting rules before the meeting. Condo associations may adopt written reasonable rules governing the frequency, duration and manner of unit owner statements (§ 718.112(2)(c)). HOAs may adopt written reasonable rules expanding the right to speak and governing the frequency, duration and manner of member statements (§ 720.303(2)(b)). If there is no written rule, you can't enforce an unwritten "three-minute policy."
- Make sure the agenda is specific. The right to speak attaches to designated agenda items (§ 718.112(2)(c); § 720.303(2)(b); § 719.106(1)(c)). Condo notices must specifically identify all agenda items (§ 718.112(2)(c)1.), and HOA notices must specifically identify agenda items (§ 720.303(2)(c)).
- Let owners speak on each agenda item. In a condo, the right to speak includes the right to ask questions about the status of construction or repair projects, revenues and expenditures during the current fiscal year, and other issues affecting the condominium (§ 718.112(2)(c)). In a residential condo of more than 10 units, the board must meet at least quarterly, and at least four times a year the agenda must include an opportunity for members to ask questions of the board (§ 718.112(2)(c)).
- Allow recording. A unit owner may tape record or videotape condo board meetings (§ 718.112(2)(c)) and co-op board meetings (§ 719.106(1)(c)). An HOA parcel owner may record board meetings and members' meetings, and the board may adopt reasonable rules governing the taping (§ 720.306(10)).
- Apply the condo recording rule correctly. Under Fla. Admin. Code R. 61B-23.002(10), owners may record board, committee and unit owner meetings. Only equipment that doesn't produce distracting sound or light emissions is allowed. Three further limits apply only if adopted in advance as a written rule: equipment set up before the meeting starts, no moving about the room to record, and advance notice to the board of intent to record.
- Record video conference meetings yourself (condo). If a condo board meeting is held by video conference, it must be recorded and the recording kept as an official record (§ 718.112(2)(c)1.; § 718.111(12)(a)).
- Know which meetings are closed. Condo meetings with the association's attorney about proposed or pending litigation, held to seek or render legal advice, and board meetings about personnel matters aren't open to owners (§ 718.112(2)(c)5.). HOAs have similar exceptions (§ 720.303(2)). Owners have no right to attend, or record, the closed portion.
- Note who spoke in the minutes, briefly. You don't need a transcript. A neutral line ("Owner comments were received on item 4") is enough.
How it differs: condo, HOA, co-op
| Right | Condominium (Ch. 718) | HOA (Ch. 720) | Cooperative (Ch. 719) |
|---|---|---|---|
| Speak on designated agenda items | Yes, § 718.112(2)(c) | Yes, § 720.303(2)(b) | Yes, § 719.106(1)(c) |
| Statutory right to ask questions on listed topics | Yes (construction/repairs, revenues/expenditures, other issues) | Not stated | Not stated |
| Written rules on statements | May adopt: frequency, duration, manner | May adopt: expanding the right and governing frequency, duration, manner | No parallel sentence located |
| Record meetings | Yes, § 718.112(2)(c) | Yes, board and member meetings, § 720.306(10) | Yes, § 719.106(1)(c) |
| Who sets recording rules | Division rule, 61B-23.002(10), plus written association rules it permits | Board "may adopt reasonable rules," § 720.306(10) | Confirm whether a Division rule applies |
Manager or lawyer?
Usually manager work (ministerial)
- Applying the association's existing written speaking and recording rules evenly
- Posting agenda notices and setting up the room or video link
- Keeping the video conference recording with the official records
Call association counsel when…
- The board wants to adopt or change speaking or recording rules
- An owner is disruptive and someone wants them removed or the meeting stopped
- An owner wants to record or attend an attorney or personnel session
- An owner is posting recordings online with accusations, or threatening a complaint over denied speaking time
Drafting rules that limit owner rights, and deciding whether a restriction is "reasonable," is legal work. See The Florida Bar re Advisory Opinion – Activities of Community Association Managers, No. SC13-889 (Fla. May 14, 2015), and our Manager or lawyer? guide.
Common mistakes
- Enforcing a time limit or sign-up deadline that isn't in a written rule
- Saving all owner comments for the end, after the board has already voted on the items owners came to discuss
- Telling an owner to put their phone away because "the meeting is private"
- Requiring advance notice to record in a condo when no written rule was adopted in advance
- Letting the board debate an item that wasn't on the agenda, then cutting off owners because "it's not an agenda item"
- Forgetting to record a condo video conference meeting
Frequently asked questions
Can the board limit each owner to three minutes?
Yes, if the limit is in a written reasonable rule. Condos and HOAs may adopt written rules on the frequency, duration and manner of owner statements (§ 718.112(2)(c); § 720.303(2)(b)). The rule can't take away the right to speak on designated agenda items.
Can owners speak on topics that aren't on the agenda?
The statutory right covers designated agenda items. In a condo, the statute also lets owners ask questions about construction or repair projects, finances and other issues affecting the condominium, and four meetings a year must include an owner question opportunity (§ 718.112(2)(c)). Boards may allow more.
Can the association stop an owner from recording?
Generally no. Condo, HOA and co-op statutes give owners the right to record board meetings. Reasonable rules can govern how, such as non-distracting equipment, set-up in advance, staying in place and advance notice in condos when adopted in writing (Fla. Admin. Code R. 61B-23.002(10); § 720.306(10)).
Can an owner record a closed attorney or personnel session?
The open-meeting requirement doesn't apply to those sessions (§ 718.112(2)(c)5.; § 720.303(2)), so owners have no right to attend them. Ask counsel how to handle the transition into and out of a closed session.
Does the association have to record its own meetings?
A condo board meeting conducted by video conference must be recorded and kept as an official record (§ 718.112(2)(c)1.). Otherwise, the statutes reviewed here give owners the right to record but don't require the association to record in-person meetings. Check your documents and rules.
Related resources
- Board meetings compared: condo, HOA, co-op
- Board meeting checklist
- Meeting minutes checklist
- Annual meeting checklist
- Directors deciding by email or text
- Board resources
Talk to association counsel
If your board wants to tighten owner comment or recording rules, or a meeting is turning confrontational, counsel can help you write rules that hold up and plan the meeting. Call Hamilton Mikes, P.A. at 239-594-7227 or reach us through /contact/.
Statutes and authorities referenced
- § 718.112(2)(c), Fla. Stat. (condominium owners' right to attend, speak, ask questions, record; reasonable rules)
- § 718.112(2)(c)1., Fla. Stat. (video conference board meetings recorded)
- § 718.112(2)(c)5., Fla. Stat. (closed attorney and personnel meetings)
- Fla. Admin. Code R. 61B-23.002(9)–(10) (condominium speaking and recording rules)
- § 720.303(2)(a)–(b), Fla. Stat. (HOA open meetings; members' right to speak; written rules)
- § 720.306(10), Fla. Stat. (HOA parcel owner recording of meetings)
- § 719.106(1)(c), Fla. Stat. (cooperative owners' right to attend, speak, record)