CONDO OWNERS REQUESTING A BOARD MEETING

Started by LindaN3 • 6 replies • 3716 views

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LindaN3 (Florida)
Posts: 23

Posted:

I am a Board member in Florida and must adhere to Statute 718, along with our other governing documents. Some of the condo owners are fed up with the Property Manager and the direction the the President, Vice Pres. & others on the Board is going in protecting her and her lack of performance and property management, her lies,rudeness to owners and guests. etc. We are 7 member Board of a 134 owner complex condo on the Beach. The question is even if Florida Statute 718 allows Board meetings of personnel matters to be closed meetings, "Can the Owners request a meeting (without any paid personnel there) to discuss their huge concerns of our Property Manager etal.?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Linda,

You may request a meeting with the board. I am under the impression that the Board must grant that request.

You may request that the meeting is only between you, other members who support you and just the Board. I am under the impression that the board does not have to honor that request.

Even in a closed meeting, outside experts or persons involved, are invited to attend. A closed meeting just means that it is only with those members and typically any minutes taken are not released to the membership.

Tim

CarolF (Florida)
Posts: 435

Posted:

Tim - in Florida, any meeting of a quorum of the board to discuss association business must be open and noticed to all members. The "private meeting" you suggest between certain like minded members and the board only would violate Fl. Statute 718 if a quorum of the board is present.
The Board may request that the Property Manager not be present at a properly called meeting open to all members.

LindaN3 (Florida)
Posts: 23

Posted:

This meeting would be requested by the owners, open to all owners, except the paid employees, including the CAM would not be invited since it would prohibit open communication between the owners and the board. We are in Florida and trying to pay close attention to 718 of Florida. The only question would be, can the President deny the owners of the meeting because it is about personnel?

AnnaD2 (Florida)
Posts: 960

Posted:

Linda...in Florida (718) the owners may request a "special member's meeting" BUT make sure you read your documents as to how to properly call/request this meeting. Usually a certain percentage of owners must submit a properly submitted request to the secretary of the Association for this to take place.

Make certain you have the proper notice to the members and everything else to make sure the meeting can be held. DON'T let the Board (or the president) "void" the meeting on a technicality. If you have a "bully" board member they'll make SURE your meeting won't take place. Been there.

Also...don't let the prez "highjack" the meeting and make it her/his own. This will NOT be a Board Meeting...but rather a Member's Meeting--meaning YOU have to have someone other than a Board Member call, conduct and run the meeting.

I was you...a few years ago. So I've been this route. I've been a board member for seven years now. Don't feel you don't have options. Just make sure you do them the right way and you just may make some changes.

You may want to contact the P.M. and inform him/her that there is a special member's meeting...NOT called by the Board, and inform him/her that if a Board Member asks that they be at that meeting that the Board has no authority to request he/she attend THIS meeting.

I hope this helps.

AnnJ1 (Florida)
Posts: 122

Posted:

Hi Linda,
The president cannot deny your owners from attendance and must properly give notice to the membership of the meeting. This is one of the areas in the statutes where the condo statutes (Chapter 718) and the HO statutes (chapter 720) differ. Chaper 720 makes mention of a closed meeting when the board can meet in private to discuss personnel matters, but only if the meeting is with
the association’s attorney. Chapter 718 makes no mention of "personnel" and only permits a closed meeting when the board meets with the association’s attorney with respect to proposed or pending litigation, when the meeting is
held for the purpose of seeking or rendering legal advice.

I have found that some associations confuse this matter and misinform their members because they assume what is stated in one statute also applies to the other.

Hopefully, I will be able to attach an article generated by the law firm of Becker & Poliokoff. This article is titled " Condo Board Meetings Must Be Posted in Advance Especially if the agenda includes possible termination of association’s manager". It answers a condo owner's question "Must a meeting of the condominium board of directors be properly noticed when the intention
is to discuss the performance and possible termination of the community association manager?"

HTH,
Ann

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AnnaD2 (Florida)
Posts: 960

Posted:

AnnJ....you bring up a very good point! People tend to pick and choose from whatever Statutes they feel "applies" to them...the truth of the matter is that Condos; Homeowner Associations; Mobile Homes; time shares and WHATEVER statutes that they fall under canNOT follow statutes that do NOT belong them.

718; 719; 720. etc...associations are ONLY bound by the statutes that belong to THEM!

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