The Florida statutes do not get too specific on what boards can and cannot do. The statutes do require an annual meeting of unit owners to be held in the location specified in the association's bylaws. With respect to the composition of the board, the statutes say that co-owners of a unit may not serve on the board unless they own more than one unit. You should check the association's articles of incorporation and/or bylaws to see what they require. If you think your association is not complying with Florida law or with its own bylaws, you should contact an attorney who works with community association law to find out what your options are with respect to enforcement.
This answer is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. There may be relevant facts not included in the question that could change this answer. For specific advice, please consult with a licensed attorney in your jurisdiction.
Ms. Lavie is correct, however, what exactly is the harm against you here?
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Fla. Stat. 617 (for non-profit corporations) requires the association to hold a board meeting at least every three months and a members meeting at least once per year. HOAs are different than COAs (Condos). Fla. Stat. 718 prohibits board members and their relatives from serving on the board simultaneously if they only own one unit. They can serve if they own multiple units.
Additionally, owners have the right under the Condo Act (Fla. Stat. 718) to send a written certified inquiry, by certified mail return receipt, to the board and the board has 30 days to answer the questions. If they need to forward it to their attorney then they get 60 days as long as they notify the owner within 15 days of receipt.
You also have a statutory right to inspect and copy records of the association by submitting a written request by certified mail, return receipt. If you submit an inquiry and a request to inspect records, provide separate letters in separate envelopes.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.