Can a Condominium Association Restrict a Unit Owner’s Attorney from Attending a Meeting?

The issue of whether a condominium association can restrict a unit owner’s attorney from attending a meeting is a common concern that touches on the intersection of association governance and the rights of individual unit owners. Understanding the scope of the association’s authority and the rights of unit owners is essential for navigating this potentially contentious topic.

Under Florida law, condominium associations must adhere to the provisions of Chapter 718 of the Florida Statutes, also known as the Condominium Act. This legislation sets forth detailed requirements for the operation of condominium associations, including procedures for meetings, notice requirements, and access to meetings by unit owners. The key question centers on whether a unit owner’s right to attend association meetings includes the ability to bring their attorney as a representative or advisor.

Section 718.112(2)(c) of the Florida Statutes guarantees unit owners the right to attend board meetings and certain committee meetings. This right is foundational to ensuring transparency and accountability in the governance of the association. However, the statute is silent on whether a unit owner’s attorney may also attend such meetings.

Condominium associations are governed by their governing documents, including the declaration of condominium, bylaws, and rules and regulations. These documents often grant the board of directors the authority to adopt reasonable rules concerning the operation of the association, including rules governing the conduct of meetings.

An association may attempt to restrict a unit owner’s attorney from attending a meeting by adopting such a rule, particularly if the board believes the attorney’s presence could disrupt the meeting’s proceedings or if the meeting’s purpose is confidential in nature, such as an executive session. However, any such rule must be reasonable and uniformly enforced.

Florida case law generally supports the position that a unit owner’s right to participate in association meetings does not automatically extend to third parties, including attorneys, unless permitted by the governing documents or the board. In practice, however, many associations permit attorneys to attend as a matter of courtesy, particularly when the attorney’s presence facilitates communication or resolution of a dispute.

It is important to note that in certain situations—such as a disciplinary hearing or dispute resolution meeting—a unit owner may have a stronger argument for allowing their attorney’s presence. Preventing an attorney from attending a meeting where the unit owner’s legal rights are at stake could be seen as prejudicial or even a denial of due process.

To address this issue proactively, condominium associations should:
(1) Review Governing Documents: Ensure that any rules or restrictions related to meeting attendance are clearly outlined in the declaration, bylaws, or rules and regulations.
(2) Adopt Reasonable Policies: If the association wishes to restrict attorney attendance, the board should adopt a written policy that is reasonable, narrowly tailored, and consistently enforced. For example, the policy could specify that attorneys are not permitted to attend unless the unit owner provides advance notice and a justification for their presence.
(3) When a restriction is in place, communicate it to unit owners in advance of the meeting and provide a rationale for the rule.
(4) Consult Legal Counsel: Before denying an attorney’s attendance, the board should consult the association’s legal counsel to ensure compliance with applicable laws and to assess potential risks.

While a condominium association has the authority to adopt rules governing meeting attendance, restricting a unit owner’s attorney from attending should be approached with caution. The association must be sure to balance its need to conduct meetings efficiently with the rights of unit owners, and any restrictions should be reasonable, lawful, and clearly articulated in the association’s governing documents. Haber Law has extensive experience helping clients navigate complex legal matters and assisting clients’ adherence to best practices to help minimize conflict and ensure fair treatment for all parties involved.