Page 26 - Boca ViewPointe - December '22

Page 26, Viewpointe December 2022
Is Virtual Participation

In Community Association Meetings Here To Stay?

As Community Association attorneys, something we’ve to make sure that members are able to participate even if they that he/she won’t be able to participate in any virtual votes during
been asked often lately is whether associations may hold their don’t have a computer, laptop or smart phone that uses Zoom the meeting. We often recommend that a manager be the host as
meetings strictly by Zoom or any other video conferencing or another applicable app. the manager is typically not a member of the association.
or virtual process. The answer is Florida law does allow Furthermore, for virtual meetings the association should In conclusion, videoconferencing is an easy way to be able
videoconferencing and provides the ability to do so for both explore the ability to vote virtually, during these meetings. For to address voting on member issues such as governing document
members and board meetings. instance, Zoom has a feature allowing for polls to be set. The amendments, and HOA elections, although there are still some
For board meetings, the statute provides that directors poll may be set up for anonymous results or to indicate how challenges in this latter regard. Virtual meetings are beneficial
may participate in any meeting virtually or by remote each member voted. This feature not only allows for a poll, or to all as they allow for greater member participation, and the
communication, including voting on board matters, and that vote, to be conducted but it also shares the results after the vote ability to vote and take polls during the meeting. It is likely this
remote communication is deemed to be “in person” participation. is concluded. This allows for a report to be generated showing is the way meetings will be handled in the future, beyond any
Therefore, board meetings can be held in person, completely the results of the vote. This is mandatory as the statute allowing pandemic or other circumstances where the board and members
virtual, or a hybrid of both. Importantly, the statute requires that for member virtual participation requires a record of all such cannot get together to conduct association business in person. We
the directors attending remotely must be able to be heard by member participations. strongly recommend that you consult with association counsel
everyone else attending the meeting. For virtual meetings, this is Notably, with Zoom the host of the meeting cannot participate prior to scheduling, noticing and holding virtual meetings.
easily accomplished as all participating in the videoconferencing in any voting. Therefore, it’s important to remember that any
can hear each other when they speak. For in-person meetings, board member who hosts a meeting through Zoom understands Sachs Sax Caplan, P.L., Peter S. Sachs 
it is necessary for a two-way speaker to be utilized so that any
directors participating remotely can be heard by all in attendance.
As to members meetings, Florida law also provides that
members may participate remotely. In this respect, the statute
requires the board to adopt guidelines and procedures to verify
that each person deemed present and authorized to vote remotely,
is a member or proxy holder. Once those procedures and Do you need
guidelines are established, members may participate in meetings
remotely, are deemed to be present “in person” at the meeting
and may vote remotely.
Once the procedures and guidelines are adopted,
members may participate in a meeting through Zoom or other
videoconferencing methods either on their laptops, or by phone. Help?
The key is to be able to identify that the people participating are
actually members or their authorized representatives (proxies)
who can participate on behalf of the members. This is critical
because it ensures that quorum requirements are complied with
at virtual meetings.
When preparing the notice for a meeting, it is recommended
that the notice specifies in advance whether the meeting is going
to be strictly virtual or if it’s going to be a hybrid, where some
members are there in person and some are virtually attending.
Then the owners know exactly how participation will take place
and may plan accordingly. Also, the association should take steps

Dear Boca Pointe

Dog Owners:

We have had a few recent complaints from
residents who have had uncomfortable
encounters with dogs off leash around
the property. We are reaching
out to our residents to We have the help
remind them of our rules
concerning keeping dogs on
leashes and cleaning pet litter.
As a resident of Boca Pointe you must: Keep your dog on that is just right for you!
a Leash. All dogs must be controlled on a leash by an able-
bodied person, at all times, whenever the dog is on property.
Also, you must clean up and properly dispose of pet waste Call or Email us for a
when your pet relieves itself. Knowing and abiding by our
community’s animal-related ordinances will help make our
neighborhood a better place for everyone. Thank you!  FREE Consultation

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