'closed' condo board meetings

Laurie,
Tennessee is NOT user friendly when it comes to HOAs and it's members. Developers have lots of laws but the individual owners are basically up the Tn. river without a paddle.

Do you have a set of documents from the Developer? In there he should have how meetings are to be conducted but if the Board choses not to follow them, the enforcement is nill here. I am looking into starting a lobbying group to force the legislature to get something going for us in protection and enforcement areas. There are condo, mobile home and time share guidelines but they aren't worth much either.

Laurie,

Donna recently moved to TN and I'm not surprised she has already researched the TN laws which appear to be next to none! In that case, the board can pretty much do as they wish. I wouldn't be surprised to learn that your bylaws or CCRs do not address what type issues can be discussed in a closed (executive) session. Generally the gov docs (mostly the bylaws) are silent on this. My bylaws only address regular and special meetings and actions taken w/o a meeting.

Donna,

That's why some states have seen the need to enact an HOA open meeting law (sunshine law if you're in FL). If you really get energized, let me know and I'll send you AZ's open meeting law together with my bill amending it. I think I'm going to have it run again next session.

Charlie you can try here: http://www.communityassociations.net/legal_state_laws.html and scroll down to Tennessee. As you can see there are currently no HOA laws just statutes for Condos and timeshares.

So, Lauried, it looks like the Board meetings are for Board member business only and are "closed" in that regard.

You CAN request the minutes from those meetings, however.

Their concept of "open meeting" may just be for the general membership to observe, but not participate in. (vote or speak on issues besided an agenda section, perhaps called "Member Communication")

Robert you can go here to read all the Florida Condo Statutes: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0718/titl0718.htm

I believe this under Section 718.112 answers your questions:
(c) Board of administration meetings.--Meetings of the board of administration at which a quorum of the members is present shall be open to all unit owners. Any unit owner may tape record or videotape meetings of the board of administration. 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. Adequate notice of all meetings, which notice shall specifically incorporate an identification of agenda items, shall be posted conspicuously on the condominium property at least 48 continuous hours preceding the meeting except in an emergency. If 20 percent of the voting interests petition the board to address an item of business, the board shall 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, 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 members of the board. Such emergency action shall be noticed and ratified at the next regular meeting of the board. However, written notice of any meeting at which nonemergency special assessments, or at which amendment to rules regarding unit use, will be considered shall be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed among 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 property or association property upon which all notices of board meetings shall be posted. If there is no condominium property or association property upon which notices can be posted, notices of board meetings 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 notice of any meeting of the board of administration 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 posted physically on the 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. When 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 shall specifically state that assessments will be considered and the nature, estimated cost, and description of the purposes for such assessments. 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 the provisions of 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 the provisions of this section, unless those meetings are exempted from this section by the bylaws of the association. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the unit owners is inapplicable to meetings between the board or a committee and the association's attorney, with respect to proposed or pending litigation, when the meeting is held for the purpose of seeking or rendering legal advice.

Susan

Our Board cancelled the meeting for what reson I have no idea, it was never posted with an Agenda and the right to attend , now i'm being told the Condo Docs state the building falls under a corporation even though we own half the building so our President and Vice President have a vote apiece and the Golf Owners have a vote we as condo owners DO NOT, very confusing

Mary,
Yes the homeowners don't have a vote just the President and Vice-president two (2) votes for the HOA and one (1) vote by the Golf Course Owner for the golf course.

It was a Board Meeting and our Condo by -laws state the meeting must be posted (Noticed) to the community for 14 days, homeowners are allowed to attend all the meetings, minutes must be taken and held for 7 years by the State of Florida and an Agenda posted prior to the meeting so homeowners can have the right to sopeak on the agenda for three (3) minutes - Thank You for your response

hello Mary,

My problem is in our condo by-laws it states the same as an HOA the meeting's of the Condo and Hoa MUST be posted for 14 days, it was not and then I was informed by the HOA President it does have to be which he is wrong Fl Statue 718.112(2)(c) clearly states under MEETINGS what I have stated above. Also the meetings are not to be closed, with an agenda and minutes taken and the right to speak of home owners.

They posted the cancellation of the meeting but never posted there was going to be a meeting in the first place?? What are my options now , DBPR with a written complaint and rbitration/mediation so it desn't happen again??? thank you for your reply - Robert

Mary,
Thank you for your response.I have done exactly as you have suggested. I attached the section for Condo meetings under 718.112(2)(c) stating all the guidelines under Fl state statue "CONDO MEETINGS".I am now waiting to see him or receive a reply. I also sent to a copy to other Board members so they are aware of the situation, I understand they were not informed of the meeting at all. I will pursue this with the DBPR in Ft Lauderdale and if need be will go to mediation or Arbitration. Thank you again - Robert

To MaryA1 in Arizona......I am very interested in the open meeting information you have, can you send it to me????? [email protected] Thanks