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Thursday, December 09, 2021











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Subject: Board meeting - open discussions
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Author Messages
CaseyM1
(Florida)

Posts:6


08/13/2021 9:10 AM  
I am on a Florida HOA board. While not necessarily best practice, is it legal to discuss topics at a board meeting which are not on the agenda, so long as there is no voting on these topics?
AugustinD


Posts:1937


08/13/2021 9:21 AM  
Posted By CaseyM1 on 08/13/2021 9:10 AM
I am on a Florida HOA board. While not necessarily best practice, is it legal to discuss topics at a board meeting which are not on the agenda, so long as there is no voting on these topics?
First, do your Bylaws say anything about the use of Robert's Rules?

Second, for non-condo HOAs, FS 720 has this interesting clause: "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." See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html Hence for Florida non-condo HOAs, it would seem at least some discussion of items not on the agenda is allowed.

Third, as I think you know, the board absolutely should not vote on any non-emergency issue without first putting it on an agenda that is properly noticed to members pursuant to FS 720 or FS 718.
JohnC46
(South Carolina)

Posts:11667


08/13/2021 10:20 AM  
Posted By CaseyM1 on 08/13/2021 9:10 AM
I am on a Florida HOA board. While not necessarily best practice, is it legal to discuss topics at a board meeting which are not on the agenda, so long as there is no voting on these topics?



I say yes items can be discussed that were not on the agenda. They just cannot be voted on.
CaseyM1
(Florida)

Posts:6


08/13/2021 11:33 AM  
Thank you. I agree with and really appreciate that info!
SheliaH
(Indiana)

Posts:4297


08/13/2021 11:35 AM  
What John and Augustin said. Usually this stuff comes up under new business, and even there, one should expect some research be done before the board makes a formal decision.
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Forums > Homeowner Association > HOA Discussions > Board meeting - open discussions



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