Should Meeting Notices Stay Posted Until The Meeting Commences?
Q: Meeting notices must be posted 48 hours prior to board meetings. Is there a requirement that they stay posted until the meeting happens? On more than one occasion, the meeting notice and agenda have been taken down several hours prior to the meeting.
A: Yes, the meeting notice should stay posted for at least 48 continuous hours prior to the meeting. Chapter 718 of the Florida Statutes governing condominiums provides: “Adequate notice of all board meetings, which must specifically identify all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency.” The word “continuous” is the key to your question, in our opinion. One could argue that the association could post the notice more than 48 hour in advance, leave it for 48 continuous hours only, and then remove the notice. However, the better practice is to leave the notice posted until the meeting begins to avoid any legal challenges. Chapter 720 governing HOA’s has slightly different language, but our opinion would be the same if your community is an HOA.