A meeting of the board must be held at a location that is accessible to a physically handicapped person if requested by a physically handicapped person who has a right to attend the meeting. Meetings of the board must be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. (a) Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. An association of 15 or fewer parcel owners may enforce only the requirements of those deed restrictions established prior to the purchase of each parcel upon an affected parcel owner or owners. An association may have more than one class of members and may issue membership certificates. A member does not have authority to act for the association by virtue of being a member. This subsection does not limit any statutory or common-law right of any individual member or class of members to bring any action without participation by the association. Before commencing litigation against any party in the name of the association involving amounts in controversy in excess of $100,000, the association must obtain the affirmative approval of a majority of the voting interests at a meeting of the membership at which a quorum has been attained. The association may defend actions in eminent domain or bring inverse condemnation actions. After control of the association is obtained by members other than the developer, the association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters of common interest to the members, including, but not limited to, the common areas roof or structural components of a building, or other improvements for which the association is responsible mechanical, electrical, or plumbing elements serving an improvement or building for which the association is responsible representations of the developer pertaining to any existing or proposed commonly used facility and protesting ad valorem taxes on commonly used facilities. The powers and duties of an association include those set forth in this chapter and, except as expressly limited or restricted in this chapter, those set forth in the governing documents. The officers and directors of an association have a fiduciary relationship to the members who are served by the association. An association may operate more than one community. After October 1, 1995, the association must be incorporated and the initial governing documents must be recorded in the official records of the county in which the community is located. 720.301, must be operated by an association that is a Florida corporation. An association which operates a community as defined in s. 720.301-720.407 are not intended to impair such contract rights, including, but not limited to, the rights of the developer to complete the community as initially contemplated. Further, the Legislature recognizes that certain contract rights have been created for the benefit of homeowners’ associations and members thereof before the effective date of this act and that ss. 720.311, the Legislature finds that homeowners’ associations and their individual members will benefit from an expedited alternative process for resolution of election and recall disputes and presuit mediation of other disputes involving covenant enforcement and authorizes the department to hear, administer, and determine these disputes as more fully set forth in this chapter. (2) The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.
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