BOARD MEETINGS
Board meetings n
HOAs are regulated by
Florida Statutes 720.303(2).
Regular board meetings have to be officially noticed with a public
notice of at least 48 hours. Even so-called "closed meetings" (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) have to be noticed with a
note that the meeting will be closed to the public.
Many boards seem to think that by "renaming" board meetings (like
calling it a workshop meeting) they can circumvent these notice
requirements or even try to close these "workshop meetings" to all
members. This very important sentence in the statutes is stopping this
nonsense: "A meeting of the board of directors of an association
occurs whenever a quorum of the board gathers to conduct association
business."
Members have the right to attend all board meetings and have the right
to speak at the meeting on all designated items: "The right to attend
such meetings includes the right to speak at such meetings with
reference to all designated items. 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."
Even meetings of committees that make final decisions (Architectural
Review Committee,
Fining Committee) have to be noticed and treated exactly like a
board meeting (open to all members with these members having the right
to speak, minutes etc,).
Since there are no more emergency powers in force, board meetings have
to take place again "ON LOCATION" -- meaning no more ZOOM
meetings or similar teleconference meetings. Board members can attend
the meetings by speaker phone, if there is the proper equipment in
place. It has to be guaranteed that the board member can hear everybody
present in the room, and everybody present has to be able to understand
the board member (cell phones don't work for this purpose). As a
courtesy, boards can use Zoom to have owners listen to the board meeting
if they can't attend in person.
14-day notices are
required for any meetings where assessments are being discussed or
levied -- and the notice is required to carry the language that the
agenda calls for assessments being levied.
FS
720.303(2) BOARD
MEETINGS.
(a) Members
of the board of administration may use e-mail as a means of
communication but may not cast a vote on an association
matter via e-mail. A meeting of the board of directors of an
association occurs whenever a quorum of the board gathers to
conduct association business. 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. A
meeting of the board must be held at a location that is
accessible to a physically handicapped person if requested
by a physically handicapped person who has a right to attend
the meeting. 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. The
right to attend such meetings includes the right to speak at
such meetings with reference to all designated items. 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, meetings between the board or a committee and
the association's attorney to discuss proposed or pending
litigation or meetings of the board held for the purpose of
discussing personnel matters are not required to be open to
the members other than directors.
(c) The
bylaws shall provide the following for giving notice to
parcel owners and members of all board meetings and, if they
do not do so, shall be deemed to include the following:
1. Notices
of all board meetings must specifically identify agenda
items for the meetings and 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 association
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. In addition to any of the authorized means of
providing notice of a meeting of the board, the
association may, by rule, adopt a procedure for
conspicuously posting the meeting notice and the agenda
on the association's website or an application that can
be downloaded on a mobile device for at least the
minimum period of time for which a notice of a meeting
is also required to be physically posted on the
association property. Any rule adopted must, in addition
to other matters, include a requirement that the
association send an electronic notice to members whose
e-mail addresses are included in the association's
official records in the same manner as is required for a
notice of a meeting of the members. Such notice must
include a hyperlink to the website or such mobile
application on which the meeting notice is posted. The
association may provide 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 to any member who has provided a
facsimile number or e-mail address to the association to
be used for such purposes; however, a member must
consent in writing to receiving notice by electronic
transmission.
2. An
assessment may not be levied at a board meeting unless
the notice of the meeting includes a statement that
assessments will be considered and the nature of the
assessments. Written notice of any meeting at which
special assessments will be considered or at which
amendments to rules regarding parcel use will be
considered must be mailed, delivered, or electronically
transmitted to the members and parcel owners and posted
conspicuously on the property or broadcast on
closed-circuit cable television not less than 14 days
before the meeting.
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.
(d) If
20 percent of the total voting interests petition the board
to address an item of business, the board shall at its next
regular board meeting or at a special meeting of the board,
but not later than 60 days after the receipt of the
petition, take the petitioned item up on an agenda. The
board shall give all members notice of the meeting at which
the petitioned item shall be addressed in accordance with
the 14-day notice requirement pursuant to subparagraph (c)2.
Each member shall have the right to speak for at least 3
minutes on each matter placed on the agenda by petition,
provided that the member signs the sign-up sheet, if one is
provided, or submits a written request to speak prior to the
meeting. Other than addressing the petitioned item at the
meeting, the board is not obligated to take any other action
requested by the petition.
(e) At
the first board meeting, excluding the organizational
meeting, which follows the annual meeting of the members,
the board shall consider the desirability of filing notices
to preserve the covenants or restrictions affecting the
community or association from extinguishment under the
Marketable Record Title Act, chapter 712, and to authorize
and direct the appropriate officer to file notice in
accordance with s. 720.3032.
|
|