Members Speaking at Meetings

I interested in getting feedback regarding the right of members to speak at HOA meetings as applies to FS 720. If my interruption of 720.303 is correct, the rule to allow members to speak only applies to the annual Members Meeting or any Special Members Meeting. This statute does not speak to our monthly Board of Directors meeting. Can someone please tell me if I'm reading this correctly? I all for the membership being able to speak on issues but when challenged I want to be able to provide the proper authorizing documents. We established a "policy" whereby residents can speak to agenda items at our Board meetings but want to know if 720.303 would cover all these meetings. Thanks.

I'm not in Florida anymore but we did decide on a way to allow homeowners to speak, while still keeping control of the meeting.

We decided to post the agenda and allow members who are attending, to turn in an index card with their comment or question at the start of the meeting. As we come to that item-we will read the comment or question aloud or announce the issue and answer it or allow discussion. The amount of "cards" that will be addressed is dependent upon the length of the agenda. We don't want 20 separate comments on one item, extending the time of the meeting for hours. Many times the questions or comments turned in from several homeowners will be basically the same anyway so by having the cards ahead of time will give you the opportunity to deal with the issue once rather than having 10 different homeowners trying to speak to the same issue. And of course if it is not dealing with an agenda item for that night--it is not addressed, the member would have to petition for it to be added to the agenda for a future meeting.

Donna posted:

"720:306(6) RIGHT TO SPEAK.--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. Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item, provided that the member or parcel owner submits a written request to speak prior to the meeting. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member and parcel owner statements, which rules must be consistent with this subsection.

Then said (paraphrased) this about 720.306 -Meetings of members; voting and election procedures; amendments., subparagraph 6:

"It says that the member has the RIGHT to speak at any meeting as long as they have submitted a request in writting and will be allowed to speak for 3 minutes. This goes for all open meetings, including budget, ARC and other meetings of the association."

Not exactly. You are incorrect to apply this subsection to BOD meetings. Especially since BOD meetings have a separate 720 subsection regarding membership rigths:

720.303 -Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.

720.303(2)(b)
"Members have the right to attend all meetings of the board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. 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."

The OP was correct in his original understanding as the restriction I spoke of previously is the subject of the first sentence.

While I won't argue about ARC or other committee meetings, I will opine that 720.306(6) does not apply as they are not "membership" meetings either.

Meetings are usually titled to describe who has voting rights (i.e. interests).

Hi Dennis:

My reading is as long as you petition the Board and let them know you would like to speak regarding anything on the agenda, that you have that right for three minutes unless your governing documents allow more time. The only time you will not be allowed at a meeting or to speak would be:

"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."

You are a member of the HOA and have rights regarding all matters, except certain confidential personnel or litigation issues in order to protect said individual confidential concerns/rights.

Hi Dennis,
I am in agreement with PeterD's post..... This has been an area of concern for me for a long time. My position is one of permitting member speaking rights to all agenda items at board meetings and according to the statutes (720) a petition must be offered and the member may speak to the "petitioned" agenda item.

Attached below is an attorney opinion which addresses this matter and I am particularly pleased with his opinion of an HOA permitting speaking rights and furthermore is would most likely be enforceable if stated thusly in the by-laws. Establishing a rule/policy would be a good first step IMHO.

HTH,
Ann

I agree with all that residents should be allowed to speak on any item on the agenda, whether at membership meetings or a Board meeting. We currently have a "policy" which states members must sign up and state the agenda item they wish to speak to and they have 3 minutes to talk on that item. However, our policies are buried in our Board minutes and not filed, as I would have thought, so they could be easily accessed and read by anyone wishing to do so. Because of this, I would like this spelled out in our By-Laws, a place that the Board, on a whim, couldn't just overturn.
Appreciate everyone's input and assistance with clarification on this point.