URGENT - BOD NO-NO ???

Bill,

I understand FL does NOT have an open meeting law (sunshine law) for HOAs, only one that applies to public bodies. I would suggest checking out state statutes. If I'm correct about state law and your bylaws do not state board meetings must be open to the members then the board isn't doing anything wrong. However, I do believe, even absent a state law requiring it, the board should always meet in the open and notice all meetings so members who wish to may attend. All too often, because of a lack of communication and meeting in "secret" boards portray the image of doing something wrong, when in many instances they really arent'.

Mary,
Florida Sunshine Laws do not pertain to HOAs other than when any issues are involved with zoning or permitting with the City or County. Florida Statutes 720 has all of the meeting laws in their contents.

Any and all meetings of the Board once there is a Board quorum obtained, must be posted 48 hours prior to the meeting AND is required to be open to the members. There must be an agenda posted along with the notice--48 hours prior. The only way that they could get around the members being allowed to attend this meeting would be if the did a dastardly deed like meeting 1 or 2 at a time without obtaining a BOD quorum. Not very advisable tho. It makes the members really mad. Just ask Bill.

In the state of Florida, can anyone share how I go about filing a complaint regarding our Associations BOD ??

I have been informed our Board of Directors is meeting to discuss and hear proposals from contractors regarding our pool project. Can they do this without notifying the homeowners (members)?? And, as a homeowner, don't I have the right to hear this information???? I've been told, as long as they do not decide / vote on anything that's o.k. ??? HELP..........

BillG6 - No info I can provide on who to contact other than it may be your state's Dept. of Community Affairs. However, prior to filing a complaint I'd send a letter to the BOD, sighting the 720 law and how you'd like the Board to proceed, request a response, and state that as you see it, the Board is not complying with the law.

Bill,
Thank you for filling in some of the blanks. NO!!, I do not take the caps as shouting. Sometimes important words need to be emphacized. Okay, you have brought up the fact that they need to post for meetings and they do not want to do that. How many Board members are on the same page as you are? Do you have a property manager? Also, have you read the very important paragraph about posting any and all meetings once a quorum is met? Maybe you should make a copy for all of the BOD to read. I'll post the exact part for you if you want me to.

The good news is that this is not a financial decision as to where the money will come from and the pool is already there so this should not be a big deal other than the lack of calling a meeting for the members and the Boards inability to understand that requirement..

Bill,

Here is the Statute, as in 720;303 under "Board Meetings" I have deleted some of the non relevant lines to make it easier to read but this is what you are required to follwo. How big is your Association and are you condos, stand alone homes or villas? Number 2 is what is important

(2) BOARD MEETINGS.--

(a) A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. (((***The provisions of this subsection shall also apply 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 meetings of 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. ))))

(b) Members have the right to attend all meetings of the board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the members is inapplicable to meetings between the board or a committee and the association's attorney, with respect to meetings of the board held for the purpose of discussing personnel matters.

(c) The bylaws shall provide for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to provide the following:

1. Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. Notwithstanding this general notice requirement, for communities with more than 100 members, the bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice, provision of a schedule of board meetings, or the conspicuous posting and repeated broadcasting of the notice on a closed-circuit cable television system serving the homeowners' association. However, if broadcast notice is used in lieu of a notice posted physically in the community, the notice must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required.

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.

Bill,
Skip reading the 720 Statutes because you fall under 723, which is totally different from 720. Sorry for not getting that clear in the beginning.

The answers to your questions are spelled out in your documents.

In Florida, a notice of a board meeting must be posted 48 hours prior to the meeting and all owners may attend.

Susan,

Unfortunately in Florida, any time a quorum of the Board meets for any purpose, it becomes an official meeting and is required to be posted with an agenda. This has always been a discussion as to if Board members can have a simple discussion or not without being in a meeting format. It really does hinder Boards from having a tet a tet. But if you read the Statute and follow it word for word. then Boards must call and post meeting anytime that they have that darn quorum,

Yes Mary,

Even tho it sometimes becomes a hindurance to Boards getting information and sharing that info, to protect against any of the membership calling "foul" on a Board for not including the members in that information, the Statutes have declared the open to the membership requirement for meetings. And we read here so often that Boards are conducting business without membership knowledge, so I do believe that IF Boards follow the Statutes on the open meetings, there should be no complaints from members about being left out of association business.

But then you do have a few members who crop up occasionally who want to know everything and those folks really can hamper a Boards success. Members do not have the right to some information when it comes to litigation, pending and ongoing, personal records of other members, and actions that Boards have to take against a few members. It's in the Statutes . But most members DO NOT even know what Statutes are or that they even fall under their jurisdiction. So all that I can say is KUDOS to those who step up and try, even tho they may make mistakes at least they are giving the time and effort to run this somewhat thankless job of being a Board member.