Can non-owners attend board meetings? Can non-owners serve on committees?

Started by PatriciaW4 • 7 replies • 5393 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

PatriciaW4 (Florida)
Posts: 5

Posted:

I was unable to find anything on the FL 718 site that addresses the question of a non-owner attending board meetings. We have an owner listed on tax records, but the spouse is not, so the question is: can the spouse attend the meetings and make statements during the open forum portion? The owner is on the BoD and the spouse is on a committee.
Does the FS 718 cover this, or is it strictly related to the condo docs?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

check the covenants, articles of incorporation, and the by-laws

generally: only members can attend meetings ... the documents will define 'member'

PatriciaW4 (Florida)
Posts: 5

Posted:

Declaration & Bylaws define member as unit owner of record. References to meetings all say "members". Cannot find anything regarding committee membership, apparently all the condo docs are silent on this point. Will have to check FL statues again.

GlenL (Ohio)
Posts: 5,491

Posted:

If the owner of record would give the spouse a simple power of attorney allowing them to act in all matters involving the HOA the the spouse could attend and speak at the meetings. The spouse could not IMO serve on the BOD unless the CC&R's do not require membership as a requirement however I see nothing wrong with them serving on a committee unless the CC&R's or the committee charter specifically requires it.

Studies show that 5 out of 4 people have problems with fractions

PatriciaW4 (Florida)
Posts: 5

Posted:

What I found in the docs refer to 'members' both regarding meetings and committees. The spouse as unit owner of record is on the BoD, so I can't imagine the owner giving POA to spouse.
I guess we will have to refer to manager for final opinion?

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By PatriciaW4 on 11/20/2010 1:06 PM
What I found in the docs refer to 'members' both regarding meetings and committees. The spouse as unit owner of record is on the BoD, so I can't imagine the owner giving POA to spouse.
I guess we will have to refer to manager for final opinion?

Given this information then no IMO the person should not attend the meetings or be on the committee.

Studies show that 5 out of 4 people have problems with fractions

AnnaD2 (Florida)
Posts: 960

Posted:

Be cautious with this one....if you prohibit "non members" from attending or speaking at "regular" board meetings you are also prohibiting your property manager; your attorney; people submitting bids for work; the fire marshall, neighborhood watch police officers or anyone else who is not a "member" from speaking or being there.

We allow ALL residents to attend "regular" board meetings and they may speak IF it's an agenda item.

"Non" members are not permitted to attend any "members" meetings. They are not allowed to attend, speak or vote.

"Members" in our association (condo) are owners.

AnnaD2 (Florida)
Posts: 960

Posted:

P.S., Patricia. If the owner who is listed on the deed is a board member that is ok. If the spouse of the owner is on a committee, you may or may not have a problem with that. We allow any residents to be on committies, because THEY don't make decisions. They submit their finding to the Board and the Board Members make the final decisions.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here