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HankV (Florida)
Posts: 29
Posted:
Prior to our board meetings we are required to have a work shop>
The problem is that the work shop gets drawn out with debate pros and cons with regards to the agenda item being proposed>
Is there a procedure that can be implemented and require the board., to follow?
Also the work shops are open to general.,. membership, what if any role can
they play?
FredB4 (Ohio)
Posts: 375
Posted:
Who is requiring a workshop ? Is that part of your Bylaws ? From the sounds of your post, it just seems like a double meeting. Since you say you are working on the pros and cons for the agenda then it would be a great opportunity for the general membership who are interested enough to show up for the work shop to be included and provide input. Not that it isn't a good idea, but personally I have never heard of this approach. However what ever works is good.
I would think all pros and cons were valid so why the drawn out discussion ? Just write them down and present them at the meeting. Is someone trying to influence the end result by manipulating which pros and cons are finally put before the board to be voted on ?
For our meetings, whoever is proposing the topic provides the pros and cons and the meeting allows for each member to give their opinion (pro or con) on the topic. It generally is written up and sent to each board member before the meeting so everyone has a chance to think about it beforehand.
HankV (Florida)
Posts: 29
Posted:
Thank you for your response>
We are required to have a work shop b-4 any board meeting this is a state of
Fl requirement>
At the board meeting only items from the work shop can be on the agenda>
With regards to the work shop>
The president calls it to order>
We have minutes of the meeting>
My concern is procedure>
If the work shop is to get items on the agenda only, then it seems to me that
by debate we have turned the work shop into a default meeting with out voting>
It also seems that we could come up to final decision prior to the actual board
meeting>
With regards to the open meeting act, what role is any would the general membership have
CarolF (Florida)
Posts: 435
Posted:
Please tell us the exact statute. I am on the board of an HOA (under 720) and I've never read this, or even heard of it. I do not believe that 718 (for condos) has this requirement either. Are you taking this for fact because someone told you this?
FredB4 (Ohio)
Posts: 375
Posted:
Not somehing we have in Ohio. I would say your assesment is correct. Debating the issues before the meeting would seem to take it from a "work shop" to a meeting that was attempting to predetermine the outcome.
In my opinion the workshop should be organizing and preparing the topics ready for discussion only.
HankV (Florida)
Posts: 29
Posted:
Thanks for getting back with me>
I think we need to look at
718.112 (c) Board of Administration meetings page 31-32
of Chapter 718 Florida Statutes THE CONDOMINIUM ACT>
If I have read this wrong that would make my day>
CarolF (Florida)
Posts: 435
Posted:
Hank - you can read the 2011 Statutes for condominiums by going to this state website. Copy and paste in your browser and you can read the entire 718 act current for 2011. When I look at 718.112 I don't see what you reference. Also, I don't know what you mean about certain pages.

http://www.leg.state.fl.us./Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html
CarolF (Florida)
Posts: 435
Posted:
Hank - I am assuming that you are a condominium association. Fl also has statutes 719 for co-operatives, 721 for vacation & timeshares, and 723 for mobile home parks, just in case you are any one of those.
I can tell you that within our larger POA, there are several condominium associations which are managed by different Florida licensed "Community Association Managers". I am certain that none of them have workshops before each board meeting.
HankV (Florida)
Posts: 29
Posted:
Thanks for getting back regarding Work Shops>
I have a hard copy of 718>
GO TO
718.112 Bylaws
1) GENERALLY A-B
2) REQUIRED PROVISIONS
a Administration
1-2
b Quorum
1-5
c Board or admisistration meetings ( pages 31-32 on my copy )
This is the section I think requires workshops
CarolF (Florida)
Posts: 435
Posted:
This is the statute you note:
(c) Board of administration meetings.—Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.
1. 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. If 20 percent of the voting interests petition the board to address an item of business, the board at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, shall place the item on the agenda. Any item not included on the notice may be taken up on an emergency basis by at least a majority plus one of the board members. Such emergency action must be noticed and ratified at the next regular board meeting. However, written notice of any meeting at which nonemergency special assessments, or at which amendment to rules regarding unit use, will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. Evidence of compliance with this 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association. Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location on the condominium or association property where all notices of board meetings are to be posted. If there is no condominium property or association property where notices can be posted, notices shall be mailed, delivered, or electronically transmitted at least 14 days before the meeting to the owner of each unit. In lieu of or in addition to the physical posting of the notice on the condominium property, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the condominium association. However, if broadcast notice is used in lieu of a notice physically posted on condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section. If broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. Notice of any meeting in which regular or special assessments against unit owners are to be considered for any reason must specifically state that assessments will be considered and provide the nature, estimated cost, and description of the purposes for such assessments.
2. Meetings of a committee to take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this paragraph. Meetings of a committee that does not take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this section, unless those meetings are exempted from this section by the bylaws of the association.
3. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the unit owners does not apply to:
a. Meetings between the board or a committee and the association’s attorney, with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or
b. Board meetings held for the purpose of discussing personnel matters
TimB4 (Tennessee)
Posts: 21,047
Posted:
Hank,

As Carol provided, looking at Florida Statutes Chapter 718, CONDOMINIUMS under 718.112 the section discusses the Bylaws and required items. Part of the required items discusses open meetings, what constitutes a meeting and items on the agenda. I saw nothing about the requirement to schedule a workshop.

However, I did discover an article at the sun-sentinel.com which discussed this section. In the article it talks how some Associations try to schedule workshops to get around the open meeting requirements and that doing so is not allowed.

Workshops to explain the process is a great idea. If the Board is going to present such a workshop, then it would technically be a meeting. However, I think that any meeting held for the purpose of holding a workshop should be a meeting by itself with the workshop being the only item on the agenda.
This way, normal business would be conducted at the non-workshop meetings and should minimize some of the issues you mentioned.

HankV1 (Florida)
Posts: 3
Posted:
Thank you for your comments>
With the regards to the Statutes I have no idea if we are required to have a workshop
in order to come up with an agenda?
Also what are the guide line for same?
I am lost>>>>>>
TimB4 (Tennessee)
Posts: 21,047
Posted:
Agendas are created by the President.
Board members may request that an issue be placed on the agenda.
Members of the Association may also request that an item be placed on the agenda.

A typical agenda might be:

1) Call to order
2) note of quorum present
3) approval of previous meetings minutes
4) Officer Reports
5) Committee Reports
6) Unfinished business
7) New Business
8) Open Forum (chance for individual members to address the board)
9) Set next meeting
8) adjourn
TimB4 (Tennessee)
Posts: 21,047
Posted:
Hank,

Here is a link to Fairfax County VA Community Association Manual.

It's a plain language manual on how Associations in VA should be ran. Although the statutes are different between VA and FL, there is enough similarity that this can give you a good grasp of Associations in general. Then all you would need to do is verify specific items with FL law to note the differences.

Hope this helps,

Tim

BTW: Are you a member of the Board and/or an officer or are you a member of the Association trying to understand the process?

HankV1 (Florida)
Posts: 3
Posted:
Tim, thanks for getting back with me>
I am on the board and in my 2nd.,. year of a 2 year term>
I am not familiar with workshops and the correct
code of conduct>
I am 1 of 7 and about the youngest>
The last workshop took 2 hours to get 5 items on
the agenda>
The topics get beat to death>
We had a former board.,. member who was an attorney
not from USA and has this association afraid to do
anything w/o thinking they might get into a lawsuit>
The members think that Americans with Dis.,. Act
rules the whole association>
We are about 35 years old>
When I question anything the response is that we have
always done it that way>
The board will not make a decision on anything, with
several members wanting the general members to vote
on all matters at the annual meeting>
I am beginning wonder if it is worth it>
Regards
Hank
HankV1 (Florida)
Posts: 3
Posted:
Tim, thanks for getting back with me>
I am on the board and in my 2nd.,. year of a 2 year term>
I am not familiar with workshops and the correct
code of conduct>
I am 1 of 7 and about the youngest>
The last workshop took 2 hours to get 5 items on
the agenda>
The topics get beat to death>
We had a former board.,. member who was an attorney
not from USA and has this association afraid to do
anything w/o thinking they might get into a lawsuit>
The members think that Americans with Dis.,. Act
rules the whole association>
We are about 35 years old>
When I question anything the response is that we have
always done it that way>
The board will not make a decision on anything, with
several members wanting the general members to vote
on all matters at the annual meeting>
I am beginning wonder if it is worth it>
Regards
Hank
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By HankV1 on 12/04/2011 7:49 PM
Tim, thanks for getting back with me>
I am on the board and in my 2nd.,. year of a 2 year term>
I am not familiar with workshops and the correct
code of conduct>
I am 1 of 7 and about the youngest>
The last workshop took 2 hours to get 5 items on
the agenda>
The topics get beat to death>
We had a former board.,. member who was an attorney
not from USA and has this association afraid to do
anything w/o thinking they might get into a lawsuit>
The members think that Americans with Dis.,. Act
rules the whole association>
We are about 35 years old>
When I question anything the response is that we have
always done it that way>
The board will not make a decision on anything, with
several members wanting the general members to vote
on all matters at the annual meeting>
I am beginning wonder if it is worth it>
Regards
Hank

It appears what your board needs is 1)a refresher on Robert's Rules of Order and 2) a president who can compel the Board to stay on topic. You may also need a few new board members with enough backbone to make a decisoin and stick with it (that's their job).

Regarding the agenda, the president should say something like - if you want something on the agenda, you have until X date to let me know, and then the secretary (or whoever) will print it up and distribute it to the board members (make some extra copies for homeowners who attend the meeting). If it's not on the agenda, we're not going to discuss it.

I know it can be frustrating to get an idea of what's going on as a new board member, but I hope you don't give up - if the others are saying "this is the way we've always done it," they probably say that because no one's every questioned it, or they've never stopped to think there could be another way. Keep plugging away and get other homeowners to attend the meeting - when they see you're trying and the others are coasting, that may compel them to get behind your suggestions and perhaps more competent people will come forward to replace the old (and tired?) guard Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By HankV1 on 12/04/2011 7:49 PM
Tim, thanks for getting back with me>
I am on the board and in my 2nd.,. year of a 2 year term>
I am not familiar with workshops and the correct
code of conduct>
I am 1 of 7 and about the youngest>
The last workshop took 2 hours to get 5 items on
the agenda>
The topics get beat to death>
We had a former board.,. member who was an attorney
not from USA and has this association afraid to do
anything w/o thinking they might get into a lawsuit>
The members think that Americans with Dis.,. Act
rules the whole association>
We are about 35 years old>
When I question anything the response is that we have
always done it that way>
The board will not make a decision on anything, with
several members wanting the general members to vote
on all matters at the annual meeting>
I am beginning wonder if it is worth it>
Regards
Hank

It appears what your board needs is 1)a refresher on Robert's Rules of Order and 2) a president who can compel the Board to stay on topic. You may also need a few new board members with enough backbone to make a decisoin and stick with it (that's their job).

Regarding the agenda, the president should say something like - if you want something on the agenda, you have until X date to let me know, and then the secretary (or whoever) will print it up and distribute it to the board members (make some extra copies for homeowners who attend the meeting). If it's not on the agenda, we're not going to discuss it.

I know it can be frustrating to get an idea of what's going on as a new board member, but I hope you don't give up - if the others are saying "this is the way we've always done it," they probably say that because no one's every questioned it, or they've never stopped to think there could be another way. Keep plugging away and get other homeowners to attend the meeting - when they see you're trying and the others are coasting, that may compel them to get behind your suggestions and perhaps more competent people will come forward to replace the old (and tired?) guard Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
HankV (Florida)
Posts: 29
Posted:
I would like to thank Carol F TimB4 and Shelia H
For taking the time to respond>
A little support goes a long way when dealing with
a problem that seems to have no clear solution>
It is a easy thing to walk away>
However the problem does not>
Regards
Hank

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