What the notice should have said
A payment to a director is a conflict of interest under section 718.3027, Florida Statutes. The Board can approve it, but only as its own item on the meeting notice, with the papers attached. For the five payments to the Board President, the item would have read:
4. Director conflict of interest, section 718.3027, Florida Statutes: ratification of five payments made to Board President Julián Esses
The payee is the Board President. Four of the five invoices are made out to Tony Esses, the President's father, or to Esses Real State Holdings LLC. All five were paid between 24 June and 17 July 2026 without prior Board approval. The Board will vote on each payment separately. The President and Tony Esses may present each request, and will then leave the meeting for the discussion and the vote.
- 4a. Check 21112, $950.00, paid 24 June EIN Management #441 · toilet water supply line and baseboards, Unit 1503
- 4b. Check 21138, $180.00, paid 15 July Air Rightaway #6818 · condenser coil flush and filter cleaning
- 4c. Check 21139, $360.00, paid 15 July Air Rightaway #6823 · condenser coil flush and filter cleaning
- 4d. Check 21137, $180.00, paid 15 July Air Rightaway #6853 · condenser coil flush and filter cleaning
- 4e. Check 21144, $1,250.00, paid 17 July EIN Management #444 · ceiling drywall, primer and paint, Unit 106
Attached to this agenda and posted on the Association website, for each payment: the vendor invoice, proof that the vendor was paid, the check request form, the payment-system approval record, the check, and the provision of the Declaration under which the Association is responsible for the work.
This is what the Board posted instead:
From the notice
"4. Consideration and Vote on Payments and/or Reimbursements to Directors"
Notice and Agenda, Board meeting of 28 September 2026, sent 25 September
No director, no payee, no relative, no check and no amount. Nothing in it says the money had already been paid.
What should have happened, step by step
Seven steps. One was followed.
Not followed
Bring it to the Board before the money goes out
The lawA director and his relatives "must disclose to the board" anything that may be a conflict of interest. The approval procedure is written for a director who "proposes to engage" in the transaction, so the vote comes first and the payment after. §718.3027(1)–(2)
What happenedThe checks were written between 24 June and 17 July. The June payment was approved in the payment system by the President himself. The four July payments were entered by a management-company employee, marked "SELF APPROVED," and never reached a director. The Board first voted on 28 September, 73 to 96 days after the checks went out.
Not followed
Name it on the meeting notice
The lawThe notice "must specifically identify all agenda items," and the conflict "must be listed on" the agenda. A specific item says who is being paid, by how much, and why it is a conflict. §718.112(2)(c)1.; §718.3027(2)
What happenedThe item named no one and no payment.
Not followed
Attach the papers and post them online
The law"All contracts and transactional documents" must be attached to the agenda, and the Association website must post them with the notice, along with "all contracts or transactions between the association and any director." For a reimbursement, that means each invoice and proof the vendor was paid. §718.3027(2); §718.111(12)(g)2.
What happenedThe notice, sent 25 September, said: "All supporting documents have been uploaded to the 1000 Venetian website." At 11:27 a.m. on the day of the meeting, the meeting folder showed owners two contractor bids for Unit 1906 and nothing else. By 1:15 p.m. more documents had appeared, many dated 22 September. Management's explanation: some owners were registered as "owners" and others as "resident owners," which "somehow affected what documents they could see."
Among the documents that appeared was a file of director reimbursements. For the five payments to the President, it held the five vendor invoices and nothing else. Each one shows $0.00 paid and the full amount still due. No receipt or proof of payment was posted, and none was in the records the Association produced on 15 September.
Not followed
Let him present, then he and his father leave
The lawThe director may present the request. Then he and "any relative" "must leave the meeting during the discussion of, and the vote on" it, and he must not vote. Someone else chairs the item. §718.3027(4)
What happenedThe President chaired the meeting throughout, including this item. He argued for the Unit 1503 and Unit 106 payments, and Tony Esses argued for the air-conditioning invoices. Neither left the room. The President did not vote.
Followed
The other directors vote, two-thirds needed
The lawApproval takes "two-thirds of all other directors present." §718.3027(2)
What happenedFour of the five directors attended. Leaving out the President, three were present, and two voted in favor. Two of three is two-thirds.
Not yet known
Write it into the minutes
The lawThe minutes record the conflict disclosures, and "a vote or abstention for each member present." §718.3027(2); §718.111(1)(b)
What to checkThe minutes of 28 September are not yet available. When they are: do they record the President's and his father's interest in each payment, and how each director voted on each one?
Not yet due
Tell the owners at their next meeting
The lawThe payments must be disclosed "at the next regular or special meeting of the members," where any owner can force a vote on canceling them. §718.3027(2)
The records. Every document on this page can be requested from the Association in writing under section 718.111(12). The Owner's Guide to Association Records Requests explains how.
The payments, the sources and the statute
The five payments
All five checks were made payable to Julián Esses. The work was billed to three different names.
| Check | Paid | Amount | Invoice | Made out to |
|---|---|---|---|---|
| 21112 | 24 June | $950.00 | EIN Management #441 | Julian Esses, #1503 |
| 21138 | 15 July | $180.00 | Air Rightaway #6818 | Esses Real State Holdings Llc |
| 21139 | 15 July | $360.00 | Air Rightaway #6823 | Esses Real State Holdings Llc |
| 21137 | 15 July | $180.00 | Air Rightaway #6853 | Esses Real State Holdings Llc |
| 21144 | 17 July | $1,250.00 | EIN Management #444 | Tony Esses, #106 |
| Total | $2,920.00 |
Source: Vantaca payment confirmations, vendor invoices and Paper Check Request Forms, produced by the Association on 15 September 2026 under section 718.111(12), Florida Statutes.
What the work was, and what the Declaration says about who pays for it, is set out in the earlier Findings piece on these payments.
Sources for each step
- Step 1. Nexus approval records and Vantaca payment confirmations, Association production of 15 September 2026.
- Step 2. Notice and Agenda, Board meeting of 28 September 2026, sent 25 September.
- Step 3. Notice of the meeting, sent 25 September 2026; emails to management with a screenshot of the meeting folder, 28 September 2026, 11:39 a.m. and 1:25 p.m.; management's reply, 28 September 2026, 1:43 p.m.; director reimbursement documents posted on the Association website for the meeting; vendor invoices #441, #444, #6818, #6823 and #6853, Association production of 15 September 2026.
- Steps 4 and 5. Video of the Board meeting of 28 September 2026.
The statute text, quoted in full
"718.3027 Conflicts of interest.—(1) Directors and officers of a board of an association that is not a timeshare condominium association, and the relatives of such directors and officers, must disclose to the board any activity that may reasonably be construed to be a conflict of interest. A rebuttable presumption of a conflict of interest exists if any of the following occurs without prior notice, as required in subsection (5): (a) A director or an officer, or a relative of a director or an officer, enters into a contract for goods or services with the association. (b) A director or an officer, or a relative of a director or an officer, holds an interest in a corporation, limited liability corporation, partnership, limited liability partnership, or other business entity that conducts business with the association or proposes to enter into a contract or other transaction with the association.
(2) If a director or an officer, or a relative of a director or an officer, proposes to engage in an activity that is a conflict of interest, as described in subsection (1), the proposed activity must be listed on, and all contracts and transactional documents related to the proposed activity must be attached to, the meeting agenda. The association shall comply with the requirements of s. 617.0832, and the disclosures required by s. 617.0832 shall be entered into the written minutes of the meeting. Approval of the contract or other transaction requires an affirmative vote of two-thirds of all other directors present. At the next regular or special meeting of the members, the existence of the contract or other transaction shall be disclosed to the members. Upon motion of any member, the contract or transaction shall be brought up for a vote and may be canceled by a majority vote of the members present. If the contract is canceled, the association is only liable for the reasonable value of the goods and services provided up to the time of cancellation and is not liable for any termination fee, liquidated damages, or other form of penalty for such cancellation.
(3) If the board votes against the proposed activity, the director or officer, or the relative of the director or officer, must notify the board in writing of his or her intention not to pursue the proposed activity or to withdraw from office. If the board finds that an officer or a director has violated this subsection, the officer or director shall be deemed removed from office. The vacancy shall be filled according to general law.
(4) A director or an officer, or a relative of a director or an officer, who is a party to, or has an interest in, an activity that is a possible conflict of interest, as described in subsection (1), may attend the meeting at which the activity is considered by the board and is authorized to make a presentation to the board regarding the activity. After the presentation, the director or officer, and any relative of the director or officer, must leave the meeting during the discussion of, and the vote on, the activity. A director or an officer who is a party to, or has an interest in, the activity must recuse himself or herself from the vote. The attendance of a director or an officer with a possible conflict of interest at the meeting of the board is sufficient to constitute a quorum for the meeting and the vote in his or her absence on the proposed activity.
(5) A contract entered into between a director or an officer, or a relative of a director or an officer, and the association, which is not a timeshare condominium association, that has not been properly disclosed as a conflict of interest or potential conflict of interest as required by this section or s. 617.0832 is voidable and terminates upon the filing of a written notice terminating the contract with the board of directors which contains the consent of at least 20 percent of the voting interests of the association.
(6) As used in this section, the term "relative" means a relative within the third degree of consanguinity by blood or marriage."
Section 718.3027, Florida Statutes (2026)
"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."
Section 718.112(2)(c)1., Florida Statutes (2026)
"Notice of any board meeting, the agenda, and any other document required for the meeting as required by s. 718.112(2)(c), which must be posted no later than the date required for notice under s. 718.112(2)(c)."
"All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated condominium association or any other entity in which an association director is also a director or officer and financially interested."
Section 718.111(12)(g)2., Florida Statutes (2026), documents the Association website must post
"A vote or abstention for each member present shall be recorded in the minutes."
Section 718.111(1)(b), Florida Statutes (2026)
The documents
- Notice and Agenda, Board meeting of 28 September 2026, sent 25 September
- Vendor invoices: EIN Management #441 and #444; Air Rightaway #6818, #6823 and #6853
- Paper Check Request Forms for the five payments
- Vantaca payment confirmations, checks 21112, 21137, 21138, 21139 and 21144
- Nexus approval records for the five invoices
- Emails to management about the 28 September meeting folder, with a screenshot, and management's reply, 28 September 2026
- Director reimbursement documents posted on the Association website for the 28 September meeting
- Video of the Board meeting of 28 September 2026
- Sections 718.3027, 718.112(2)(c)1., 718.111(1)(b) and 718.111(12)(g)2., Florida Statutes (2026)
Documents 1 to 5, 7 and 8 come from the Association's own records. I will send the full set to any owner who asks.
Each step costs a line on a notice, a few pages in a folder, or two people stepping outside for a vote.