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LindaB5
Posts: 23
Posted:
Hi.......

Need some help........We took over our Village and elected three members to the board......Technically we ran unopposed so there wasn't an election...

A week later we had a private meeting with the board members and appointed Pres - VP & Secy. 2 1/2 months later I was informed that this was supposed to be done at a Public Forum, so we had to redo the appt. of Pres - VP & Secy....

However, other villages within our subdivision have done it privately and say that this is acceptable....Our bylaws do not indicate anything and I was told that Roberts Rules of Order say a private meeting is fine......

Is there someone who can help clarify this and let me know if a public forum is necessary.....

Thank you in Florida
DonnaS (Tennessee)
Posts: 5,671
Posted:

Hi LInda,
Florida is my expertise so here goes my opinion.

According to Fl Statute 720;303, Board elections, all meetings are required to be open to the membership---Except that after an election of the Board of Directors, those elected members may hold a closed session to decide or appoint Director positions. SO YOU WERE WITHIN STATUTES.

As for "technically, you ran unapposed" that has no bearing as long as you had a membership meeting and you obtained a quorum of your membership in order to have a legal meeting, then it was an election.

Who was the expert who said that you had to have this session open? Roberts rules of order do not apply to Florida HOA meetings unless the meeting is discussing any item concerning your County and/ or zoning issues. (R.R's, pg 5 or 9 states specifically to exempt HOAs)

Go to Google and type in "Fl Statutes 720". PRINT THIS OUT AS THIS IS WHAT YOU HAVE TO FOLLOW ALONG WITH YOUR OWN DOCUMENTS. It is easy reading compaired to most legal stuff

This is statement from the Statute Re; secret vote for Directors

720;303 (3). Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. This subsection also applies to the meetings of any committee or other similar body, when a final decision will be made regarding the expenditure of association funds, and to any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.

LindaB5
Posts: 23
Posted:
Hi......

If this is duped, I apologize.........Seems as though I am having a problem posting my reply......

I thank you for your quick response, however, I cannot find the exact paragraph that states the following:

According to Fl Statute 720;303, Board elections, all meetings are required to be open to the membership---Except that after an election of the Board of Directors, those elected members may hold a closed session to decide or appoint Director positions. SO YOU WERE WITHIN STATUTES.

Would you kindly advise.....

Thank you.......
Linda
DonnaS (Tennessee)
Posts: 5,671
Posted:

Linda,

I had to go to my individual ByLaws for the statement that following the election of officers, the newly elected B.O.D. shall meet in private for the purpose of selecting Officer positions.

Now the only thing that 720 states is 720;303-(2) Board meetings

3. Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. This subsection also applies to the meetings of any committee or other similar body, when a final decision will be made regarding the expenditure of association funds, and to any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.

It says "DIRECTORS" as to elections of officers. That is the only statute but you should have it in your Bylaws. I hope this will help
SusanW1 (Michigan)
Posts: 5,202
Posted:
you said - "Our bylaws do not indicate anything and I was told that Roberts Rules of Order say a private meeting is fine......"

What was quoted from Roberts Rules of Order - 10th edition, that would give that kind of ruling?

Roberts Rules is adament about meetings and members' rights to vote in person at their own meetings. The words "private meeting" are not found in RONR.

GeraldT4
Posts: 1,022
Posted:
LindaB5 - DonnaS has posted and I'd follow her guidance. As for Robert's do your bylaws specify Robert's must be followed? If not whoever mentioned Robert's might as well be saying the holy divinity told them though shall not decide who is Pres-VP & Secy... in a private meeting because both have no bearing on reality of a volunteer HOA. If you're trying to get into the Holy Gates or are running for a parliamentary position in the early 1800's fine, otherwise Robert's is not applicable.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Good Post Gerald.
Roberts Rules Of Order do not apply to Florida HOA members meetings as we are required to follow Statute 720 for our meetings and procedures. Yes, we follow Roberts etc for how to conduct meetings and basic parlimentary guidelines but open meeting to the membership IS THE .
Your original post was in reguards to whether a newly elected Board can meet in private to select their officers among themselves. Yes you may as long as you are not conducting any association business.

LindaB5
Posts: 23
Posted:
Hi......

Just want to thank all of you for your responses......

This HOA business is all new to me and Donna was correct when she stated that my concern was whether or not Board Members can elect their Pres., etc. in a private meeting between themselves.......

Apparently she answered the question with a Yes.......

I was being told that we must have a special meeting for that purpose according to Fl. Statute 720....... I could not find where it specified that and that is the reason why I posted this subject...

I thank everyone also for clarifying Roberts Rules of Order.......

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