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| Tuesday, February 07, 2012
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JeromeG
(Florida)
Posts:1
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| 08/08/2010 9:57 AM |
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HOA bylaws read: Special meetings of the BOD may be called at any time by the President or by a majority of the BOD and may be held any place or places with .........County, FL, and at any time.
FL Statute 720.303 reads: (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. 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. The bylaws or amended bylaws may provide for giving notice by electronic transmission in a manner authorized by law for meetings of the board of directors, committee meetings requiring notice under this section, and annual and special meetings of the members; however, a member must consent in writing to receiving notice by electronic transmission.
The discussion revolves around "if they do not do so" in 720.303 has many interpretations by HOA members. Some believe that if the HOA bylaws were not explicit about called meetings, then 720 applied. Some also feel that "shall provide the following" is a how to.
What do you think? |
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DonnaS
(Tennessee)
Posts:5671
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| 08/08/2010 3:42 PM |
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Jerome,
I am totally sure what you are asking. Please be more explicit. I think you are asking that If the governing bylaws do not provide for notice of meetings, then the Statutes 720;303 (C) is to be followed.
The key words are MUST be posted. MUST must be mailed, MUST be broadcast, etc. It does not say, "if you feel like doing it" It says must.
But that is ONLY if -------"The bylaws shall provide for giving notice to parcel owners and members of all board meetings and, if they do not do so, then you must follow 303 (c)
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