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Subject: Help adding HOA board meeting resolution to CC&Rs
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AsafY
(Florida)

Posts:39


07/18/2020 3:09 PM  
Hi,
Our board located in Florida passed a resolution last month , added restrictions to the open forum discussion.( thanks to this forum suggestion!)
The board passed the following resolution:
1) Added a sign up sheet which should be sent 5 days prior to Meeting.
2) limited one member from each unit/parcel to discuss his item for 3 minutes.
3) agreed to have the open forum at the start of the meeting.

What will be the next step so we can actually enforce it ? ( directors a bit concerned To how that will really go ! And if it will be respected )
Can we enforce it starting next meeting planned 10 days from now
Or do we need first to add Officially covenants/ bylaws?
What do I need to do in order to add it to the bylaws in Florida ?

Thanks in advance!
Asaf
GeorgeS21
(Florida)

Posts:2902


07/18/2020 3:43 PM  
You've read this, yes?

(6) RIGHT TO SPEAK.—Members and parcel owners have the right to attend all membership meetings and to speak at any meeting with reference to all items opened for discussion or included on the agenda. Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member and parcel owner statements, which rules must be consistent with this subsection.


I have never thought it a good idea to become nazi wrt the time of someone speaking - unless you have so many folks who want to speak that it impacts the length of the meeting.

I have no experience at this, but I know at least two HOA Boards which called the local sheriff's department to have a disruptive member removed. It happens.
JohnC46
(South Carolina)

Posts:9678


07/18/2020 5:14 PM  
As George said:

Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item.

One most have rules (make them fair) or anarchy reigns
AsafY
(Florida)

Posts:39


07/18/2020 6:53 PM  
Hi
When we didn't have any rules the meetings got very long, also members were attacking the directors left and right also during the business portion of the meeting, Thus members on this forum suggested us to add regulations as the FS 720 is very basic so we did as they suggested - now you say NAZI )

We are not going to wait with a stop watch when someone speaks, but its there just in case.

Do we need to post it in the county before we can enforce the Sign up sheet? or its enough we just passed it at the board meeting?
KerryL1
(California)

Posts:7397


07/18/2020 7:21 PM  
It seems to me, Asa, that your board made a policy. And your policy complies with state statute. (the county has nothing to do with this)

Simply post the policy a public space in your HOA or email it to all Owners. Then, have it on the back of the agenda that you distribute to owners when they come to open meetings or that you email to Owners before your ZOOM meetings.

Ha! W only allows 2 minutes and owners generally comply.

GeorgeS21
(Florida)

Posts:2902


07/18/2020 7:53 PM  
Asaf,

You continue to mix up some if your terms - please make sure you are clear when you go to press.

And, I’ll reiterate - if you use a stopwatch and are overly aggressive in time enforcement, you will be called nazi-like in your process - try and tone things down ...
JohnC46
(South Carolina)

Posts:9678


07/19/2020 8:57 AM  
Asaf

You are not changing the Covenants nor Bylaws. Learn the different terms and differences.

Covenants or Bylaws require owners voting on to change/modify. The amount of votes to change/modify will be in the docs themselves. Typically it takes 51% of all owners approving a Bylaw change and 2/3rds of all owners approving a Covenant change.

The BOD alone can make Rules & Regulation as long as it does not override a Covenant or Bylaw. A BOD can change/modify existing R&Rs including ones they made. No owner approval is required.

That said, who the he!! knows what FL does.
SheliaH
(Indiana)

Posts:3358


07/19/2020 9:52 AM  
Check your Bylaws (they dictate how the association is to be run) and see if it has language allowing the board to adopt additional rules as long as they don't contradict the governing Rio (bylaws and CCRs). The CCRs usually dictate his the common areas are to be used, so this probably wouldn't be placed there.

If your board can pass additional rules, you shouldn't need to put this resolution in the Bylaws. You're not limiting a homeowner's right to attend meetings or even speak during open forum and it's ok to set some ground rules.

Remember, this is a business meeting where the board discussed association business and then votes on what will be done. You can't do that effectively if homeowners or board members drone on and on, and you run out of time to address all the agenda items. Some may be time-sensitive and must be voted on at that meeting.

All of that said, here is one person's opinion on your resolution:

The sign up sheet is fine, but that shouldn't prevent anyone from attending the meeting if they want to. I assume you're having virtual meetings due to Covid, so you can use the sign up sheet to send the link before the meeting. I would use something like GoTo meeting, where people can call in and participate. That number and access code can be posted on the association website.

Skip limiting one person per household - you may have two people who want to discuss different subjects. A time limit per speaker is fine, although you may need to li.It it to two minutes per person, depending on how many people want to speak.

It's ok to do open forum at the start of the meeting,but set an overall time limit, 15 minutes is plenty, although you might be able to go to 20 if you don't have a lot of agenda items (that should be the maximum).

How do you enforce all this? Remind people of the time limit, call on those who wish to speak on a first come first serve basis. After someone speaks, our that person on mute so she or he can't interrupt the rest until every has spoken. When you get to the end of the forum, thank everyone for participating, but now the business portion begins and everyone clean listen, but muted so no comments or questions will be allowed so the board can address all meeting items.

I've attended several webinars where there is a portal for people to ask questions and make comments during the session without interrupting the speakers - you could use a program with this option and decide how the questions and comments will be addressed. For example, I would address questions after the meeting and then post the board's response on the website after the meeting. If there were several questions on the same subject, roll them up in one response.
AsafY
(Florida)

Posts:39


07/19/2020 12:47 PM  
Thank you John and Shelia al all,
Much clearer now how we should proceed.
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