HOA Ad Hoc Enforcement Committee in Florida

Started by NancyP7 • 7 replies • 3562 views

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NancyP7 (Florida)
Posts: 4

Posted:

I have been appointed the chair of the Ad Hoc Enforcement Committee. The President of the Board indicated that we do not have to have open meetings due to the sensitivity of the committee in recommending enforcement procedures for the "to be appointed, Enforcement Committee. I can't quite understand all the lingo regarding a closed meeting. Can you help? Nancy in Florida

SusanW1 (Michigan)
Posts: 5,202

Posted:

I hope your committee has a purpose. Your title sounds fierce.

But in any case, ALL actions must be approved by the board at a duly called board meeting, open to your members.

If, in committee, you decide to file a lien on John Smith's condo, at the board meeting the "approved motion" could state "Approval to file a lien against the property at 123 Sundhsine Street"

But check your state statues on open meetings for committees and disciplinary discussions on ES.

PeterD3 (Florida)
Posts: 708

Posted:

Review FL SS720.303(2)-Board Meetings.

It defines the BoD meeting requirements.

Aside from the formation or creation of the committee being done by the BoD in the proper manner, the Enforcement Committee meeting proper(or similar) is not required to be "open".

This is not because of the "sensitivity" but because FL SS does not mandate it.

Closed meetings basically mean no notice is required and membership attendance is prohibited.

NancyP7 (Florida)
Posts: 4

Posted:

The BOD properly created the Ad Hoc Enforcement Committee. Our purpose is to recommend to the BOD's procedures in which the, not yet formed, Enforcement Committee should conduct itself. In the Ad Hoc enforcement meetings we discuss the Property Manager and is or is he not doing the proper inspections, we discuss examples of possible violations that the actual Enforcement Committee will have to handle, fines for violations, liens, etc. I don't feel too comfortable, at this point, to be discussing these issues with residents present. In the end, when we make our final recommendation to the BOD's, it will definitely be passed on to our lawyer to make sure all of our ducks are in a row. I am confident that after the lawyer the BOD's will make sure all residents are aware of the Enforcement committees procedures when everything is fine.

So....when I was asked to be Chair I was told the meetings do not have to be open. We are currently keeping minutes but are not posting them for the general public.

Peter, you state that the FL SS does not mandate it. Are you referring to the Ad Hoc Enforcement Committee (which is what I am really trying to find out if it has to be an open meeting) OR the actual Enforcement Committee which I already know does not have to be open when the committee meets with a resident to talk about the violation.

Thanks in advance for your help.

Nancy

PeterD3 (Florida)
Posts: 708

Posted:

Briefly, paraphrasing...

The ONLY meetings that the FL SS 720 mandates must be "open" (24 hr. notice and members can attend) are BoD, or any committee which has FINAL approval of assn. funds expenditures or ARC requests(lot, home, modifcations).

A violation committee does not fall into these categories. If you wish to have them open that would ultimately be up to the Bod as they "control" the committees. Minutes need not be kept in the HOA records (as I read 720.303(2)) but is a good idea regardless.

PeterB1 (Florida)
Posts: 257

Posted:

I agree with my namesake...

Please read FL 720 if you are serving in any role for the HOA.

peter

PeterD3 (Florida)
Posts: 708

Posted:

Thanks Peter.

I did make a mistake... open meetings require 48hr. notice not 24hr.

NancyP7 (Florida)
Posts: 4

Posted:

Thanks, This is a very interesting web site and I'll be back with more questions. Nancy

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