Fla. Admin. Code Ann. R. 61B-23.001 - Board of Administration and Committees; Fiduciary Duty
(1)
(a)
"Meeting of the board of administration" means any gathering of the members of
the board of directors, at which a quorum of the members is present, for the
purpose of conducting association business.
(b) "Committee meeting" means any gathering
of a group of board members, unit owners, or board members and unit owners
appointed by the board or a member of the board to make recommendations to the
board regarding the association budget or take action on behalf of the board at
which a quorum of the members of that committee is present. For example, a
meeting of an executive committee, as defined in section
617.0825, F.S., or as that
section may subsequently be renumbered, would be included in this definition as
would a meeting of a group charged with developing a proposed
budget.
(2) Unit owners
have the right to attend and observe all meetings of the board of
administration and its committees.
(3) Where the declaration, articles of
incorporation, or bylaws preclude non-unit owners from serving on the
association's board of administration, one acting under a power of attorney
from a unit owner is similarly precluded from serving on the board unless he or
she is a unit owner.
(4) In
furtherance of its fiduciary duty to the unit owners, a board of administration
shall employ only a licensed community association manager where licensure is
required by section 468.431,
F.S.
Notes
Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.111(1) FS.
New 7-22-80, Amended 7-6-81, 8-31-83, 12-4-83, 10-1-85, Formerly 7D-23.01, Amended 1-27-87, 9-7-88, 7-17-91, 12-20-92, Formerly 7D-23.001, Amended 2-22-94, 4-14-99.
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