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SherrillW (Florida)
Posts: 2
Posted:
At our recent monthly association member meeting, a motion was made from the floor. This was a written motion and presented to the assocition secretary at the meeting. It was not presented in advance or put on the agenda. On our agenda, we have "New business" and this motion was presented as a new business item. The motion was passed unanimously.
The motion has now been rejected by the president and she refuses to act on it.
We are incorporated under FL Statute 617. Is this action legal?
I would appreciate any or all advice,
Sherrill
JanetB2 (Colorado)
Posts: 4,219
Posted:
May I ask what was the motion? Did the motion violate any CCR's or State Statutes unaware of at the time the motion was made?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Was the motion from the membership or a board member?

Was this a Board meeting or a general membership meeting?

SusanW1 (Michigan)
Posts: 5,202
Posted:
If the motion was dilatory (harmful to the HOA) or inappropriate or illegal, the president should have refused to let the motion come to a vote. If the motion was supposed to be Noticed to the members, then the vote is not valid.

Too bad the board and the presiding officer were not faster on their feet.

What was the president's reason for invalidating the passed motion/
PeterD3 (Florida)
Posts: 708
Posted:
While FL617 statutes do apply to non profit corporations such as condos and HOAs, you are now regulated under FL718 (condo) or FL720 (HOA) depending on your situation.

Typically monthly meetings are of the Board of Directors not the membership. Thus motions from the floor are not permitted.

In the HOA situation, If the members want to an item added to a BOD meeting agenda they need to petition at least 20% of the membership. This does not guarantee a vote or ANY action on the petitioned item.

You can find this info in the applicable statutes listed above.

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