Developer Controlled - Open Meetings still apply in FL?

Your developer controlled NOT owner controlled. That means the developer can do whatever they basically want. It's most likely true that he is the ARB. As if any HOA that doesn't have a ARB established or with members, the responsibility falls back on the board and/or President to decide ARB matters. Sounds like your HOA doesn't have an ARB board/committee established so he is the ARB board so to speak.

As for the budget...The HOA isn't owner funded but developer funded. Your paying dues as a member but the spending is not yet under owner control/responsibility. The budget meeting could be kept private if the developer so chooses as it's most likely his finances that are being discussed. You would be almost like a "Third Party" with a vested interest but not with decision authority.

Developer's/builders create HOA's a sales tools and tax breaks for them. Once they are done with the development/sales of the property they will turn it over to the owners to run themselves. Which leaves the members/owners responsible for the long term maintenance of whatever rules/amenities the develooper created/established. Once the developer/builder turn over the association to the owners I would STRONGLY request you and your fellow owners modify and update the rules to your liking. That includes removing any remanents of the developer's name or responsiblities. It will lessen the confusion later with new owners.

Just make sure you understand you may be a contributing member to your HOA right now but your not a controlling one. Just be glad your developer is sharing information with you all. That's a good thing. I'd worry if the developer wasn't having meetings at all or not participating in approvals.

Our HOA didn't have an ARB most of the time. We could barely get enough people to be board members. That's why when we re-wrote our rules, we slimmed the number down to 5. You may want to find out the rule on if you don't have one established who rules. Which it will most likely state the BOARD or President. There's not a real interest on this developer's part to have an ARB if he's in control anyways. It's more helpful once the owners step in and are in control. The developer is only going to approve things that make the property attractive to buyers until he offloads the place. A clothesline isn't very attractive to most people to see in someone's yard when purchasing a home. Hence, why he most likely denied it despite the rules.

It's frustrating as you know being a former President to now have to listen to other people's making decisions. I've been there...However, I think your experience and knowledge will come into play at a later point. Keep an eye on what is going on and be prepared in the future to when things change. It will make it easier to know what you want after you find out what you don't want.

The OP asked:
"Does the 720 open meeting law apply to developer controlled ARB's?"

YES!

Once the HOA was incorporated it... well... became a Florida corporation and is thus subject to its own governing documents and ALL applicable Florida Statutes.

Yes the initial BOD was appointed by the declarant (developer) but that does not mean they can do whatever they want in the literal sense.

The fact that language is contained in the gov. docs. which give the declarant, in some cases, unequaled rights is proof of the fact they are 'in-play'.

When you purchase your lot and/or home you become a 'member' of the corporation with some rights as well.

The docs. may also state that the BoD may act as the ARB so this alone would not be an abuse of authority, the approval/disapproval 'meeting' would then occur at a BoD meeting.

Having closed meetings is illegal.

A bottom-line, at the end. There are two important documents to refer to
1) The first is the governing documents. Generally, there are two parts: (1) Protective Covenants and (2) ByLaws. There may be amendments published over time. As a member of the HOA, you are required to be given a copy. You should read everything in detail. The ARB or ARC will be described in the document and its membership. Since you live in a developer-controlled HOA, the developer appoints the Board of the HOA, which is obligated to carry out the governing documents. Of course, that means that they can appoint themselves to the ARB/ARC and approve those decisions and any documentation that controls them.
2) The statutes of Florida that cover the HOA. Chapter 720 is available at the following link:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html
copy or Google search "florida statute 720" Annual meetings are covered in 720.306. Section 720.303 describes Board meetings. 720.307 sets the turnover from developer at 90% conveyed to members in all parcels -- from your data, that could be quite a while for you. Techie note: if you feel comfortable with Web activities, you can find topics by clicking "View Entire Chapter" and then use the browser function to add your search terms.

Personally, I have been quite active in trying to change some of the more owner-unfriendly statutes in developer-controlled HOAs. I've appeared before a number of legislators and distributed my proposals in YouTube form: take a look at http://www.youtube.com/watch?v=JIOTAffk_aI and http://www.youtube.com/watch?v=MEyrnnVCJpw

My experience is that it will take a group of citizen-homeowners to counteract the strength of the builders lobby in Tallahasee. If those who are reading this think it's worthwhile, I can set up a Facebook page to gather a more concerted group of homeowners and, as a group, press legislators to respond. Mark Benson has been an activist on behalf of community associations. Visit his web site at http://markrbenson.com/