PeterD3
Posts: 703
Posts: 703
Posted:
Is a FLA HOA meeting notice REQUIRED to contain the agenda?
I cannot find any statute refernce either way.
Thanks in advance.
I cannot find any statute refernce either way.
Thanks in advance.
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Florida HOA meeting notice
Started by PeterD3 • 22 replies • 4273 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
JessicaM5
Posts: 16
Posts: 16
Posted:
What kind of meeting are you refering to?
720.303 and 720.306 address the issue
720.306(4) CONTENT OF NOTICE.—Unless law or the governing documents require otherwise, notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called. Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called.
according to this annual meeting do not need an agenda unles your governing docs say they do but special meetings do need an agenda.
720.303 and 720.306 address the issue
720.306(4) CONTENT OF NOTICE.—Unless law or the governing documents require otherwise, notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called. Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called.
according to this annual meeting do not need an agenda unles your governing docs say they do but special meetings do need an agenda.
PennyK
Posts: 48
Posts: 48
Posted:
I agree it depends on tbe meeting for type of meeting and not they need not all have agendas
PennyK
Posts: 48
Posts: 48
Posted:
sorry got a new keyboard, It depends if the meeting is an annual meeting, or special meeting etc..
and no you are not required to have agendas for some of these, our documents state what type of meeting and
how much in advance notice etc...
and no you are not required to have agendas for some of these, our documents state what type of meeting and
how much in advance notice etc...
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Members meetings/aka/ Annual Meeting. 14 days prior notice--no agenda required
BOD meetings, 48 hours prior notice with agenda
Special Meetings, Quorum of BOD OR 10% of members may call. WITH purpose stated. No specific time notification required.
PeterD3
Posts: 703
Posts: 703
Posted:
Donna, others,
Sorry, I was referring to the frequently held BoD meetings, NOT annual, or special, or committee.
Can you provide link stating BoD meeting must include agenda?
Sorry, I was referring to the frequently held BoD meetings, NOT annual, or special, or committee.
Can you provide link stating BoD meeting must include agenda?
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Peter,
" 303, it says "b) Members have the right to attend all meetings of the board and to speak on any matter placed on the ""AGENDA"" . Perhaps there is no agenda requirement but as you said, it might be implied or assumed in this paragraph?
PeterD3
Posts: 703
Posts: 703
Posted:
I appreciate your inputs.
However I am not able to convince PM or BoD to include agenda in the notice as I cannot find statute language requiring such.
Apathy is rampant (typicaly only 3-5% show up (i.e. regulars)out of a 98 member HoA) and by not posting the agenda my belief is this promotes this low attendence as no one knows when there is an issue that may effect them or they care about. You must show up to see tye agenda.
The BoD ACTUALLY prefers this so they don't have to face the members who may oppose an issue until its been decided.
However I am not able to convince PM or BoD to include agenda in the notice as I cannot find statute language requiring such.
Apathy is rampant (typicaly only 3-5% show up (i.e. regulars)out of a 98 member HoA) and by not posting the agenda my belief is this promotes this low attendence as no one knows when there is an issue that may effect them or they care about. You must show up to see tye agenda.
The BoD ACTUALLY prefers this so they don't have to face the members who may oppose an issue until its been decided.
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Peter,
Again, the word agenda apppears in numerour places under 720:303 c (1) and D. No place does it say that you must or shall put the agenda out but I say, yes, you must use an agenda for Board meetings. Here is c-(1)
"When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. The bylaws or amended bylaws may provide for giving notice by electronic transmission
PeterD3
Posts: 703
Posts: 703
Posted:
Thanks Donna.
Please know I agree with you but cannot seem to convince others who are in 'control'.
Please know I agree with you but cannot seem to convince others who are in 'control'.
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Peter,
From Becker/Pollicoff website.
TYPE OF MEETING Condo/Co-op HOA
Board meeting 48 hours posted (or pursuant to documents) with agenda 48 hours posted (or pursuant to documents)
Budget meeting 14 days mailed (along with a copy of the proposed budget) and posted, unless documents require a longer time period Pursuant to documents
Annual meeting 60 days for first notice; 14 days for second notice, mailed, delivered or electronically transmitted 14 days mailed, delivered or electronically transmitted (unless documents require more notice)
Board meeting to levy a special assessment 14 days mailed and posted-- condos must also include the purpose & estimated amount of special assessment in the meeting notice (14 days applies to meetings to establish the insurance deductible as well) 14 days mailed and posted
TYPE OF MEETING Condo/Co-op HOA
Board meeting 48 hours posted (or pursuant to documents) with agenda 48 hours posted (or pursuant to documents)
Budget meeting 14 days mailed (along with a copy of the proposed budget) and posted, unless documents require a longer time period Pursuant to documents
Annual meeting 60 days for first notice; 14 days for second notice, mailed, delivered or electronically transmitted 14 days mailed, delivered or electronically transmitted (unless documents require more notice)
Board meeting to levy a special assessment 14 days mailed and posted-- condos must also include the purpose & estimated amount of special assessment in the meeting notice (14 days applies to meetings to establish the insurance deductible as well) 14 days mailed and posted
PeterD3
Posts: 703
Posts: 703
Posted:
Thanks Donna but i'm up against a brick wall here.
...the 'or pursuant to documents' language in the paragraphs posted casts doubt amongst our shadetree lawyers here and they have said: 'well our docs are silent so were not required to'.
I thank you again for your efforts.
If you find something else maybe numerous indicators can convince them at a future time.
Maybe I'll ask the PM in written format. If he insists it's not required then maybe I'll contact Fla. DBPR.
...the 'or pursuant to documents' language in the paragraphs posted casts doubt amongst our shadetree lawyers here and they have said: 'well our docs are silent so were not required to'.
I thank you again for your efforts.
If you find something else maybe numerous indicators can convince them at a future time.
Maybe I'll ask the PM in written format. If he insists it's not required then maybe I'll contact Fla. DBPR.
JohnM48
Posts: 89
Posts: 89
Posted:
Quote:
Posted By PeterD3 on 07/16/2011 3:42 PM
Thanks Donna but i'm up against a brick wall here.
...the 'or pursuant to documents' language in the paragraphs posted casts doubt amongst our shadetree lawyers here and they have said: 'well our docs are silent so were not required to'.
I thank you again for your efforts.
If you find something else maybe numerous indicators can convince them at a future time.
Maybe I'll ask the PM in written format. If he insists it's not required then maybe I'll contact Fla. DBPR.
Thanks Donna but i'm up against a brick wall here.
...the 'or pursuant to documents' language in the paragraphs posted casts doubt amongst our shadetree lawyers here and they have said: 'well our docs are silent so were not required to'.
I thank you again for your efforts.
If you find something else maybe numerous indicators can convince them at a future time.
Maybe I'll ask the PM in written format. If he insists it's not required then maybe I'll contact Fla. DBPR.
Not sure if this will help with your "shadetree" lawyers, but your docs can make rules that are more restrictive than the law, but not less so.
So, if your "docs are silent", then they say nothing and the law prevails.
Good luck.
PeterD3
Posts: 703
Posts: 703
Posted:
Thank you all for your help.
TOOOOOO much conflicting information on this subject.
See the last paragraph, second sentence, on page 4 of the link below... It appears case closed.
http://www.becker-poliakoff.com/pubs/articles/ca/sunshine_law_2006.pdf
TOOOOOO much conflicting information on this subject.
See the last paragraph, second sentence, on page 4 of the link below... It appears case closed.
http://www.becker-poliakoff.com/pubs/articles/ca/sunshine_law_2006.pdf
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Case closed.!
PetunkaM
Posts: 993
Posts: 993
Posted:
Under current law, Chapter 720, the Notice AND Agenda are two separate terms. Regular BOD meetings include Notice AND Agenda, while the purpose for Special Meetings is described in the Content of Notice, so there is no Agenda.
It is my opinion the Agenda must be posted for all regular Board meetings, otherwise the members could not petition to speak AND the law would not require the Agenda be also included in the broadcast ‘for a sufficient length of time':
(2) BOARD MEETINGS
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…..When broadcast notice is provided, the notice AND agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice AND the agenda.
(3) SPECIAL MEETINGS.—Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting.
(4) CONTENT OF NOTICE.—Unless law or the governing documents require otherwise, notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called. Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called.
(Note: Who sets the Agenda for regular BOD meetings could/should be described in the By-laws.)
It is my opinion the Agenda must be posted for all regular Board meetings, otherwise the members could not petition to speak AND the law would not require the Agenda be also included in the broadcast ‘for a sufficient length of time':
(2) BOARD MEETINGS
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…..When broadcast notice is provided, the notice AND agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice AND the agenda.
(3) SPECIAL MEETINGS.—Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting.
(4) CONTENT OF NOTICE.—Unless law or the governing documents require otherwise, notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called. Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called.
(Note: Who sets the Agenda for regular BOD meetings could/should be described in the By-laws.)
PeterD3
Posts: 703
Posts: 703
Posted:
Hey Petunka,
You must know that I agree with you but short of it being specifically stated I have, and am, having trouble convincing those who oppose it that it must be done.
The link I provided in an above post is to a 5-6 y.o. doc. that says it's not (or wasn't then) required.
What's a boy to do???
You must know that I agree with you but short of it being specifically stated I have, and am, having trouble convincing those who oppose it that it must be done.
The link I provided in an above post is to a 5-6 y.o. doc. that says it's not (or wasn't then) required.
What's a boy to do???
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Peter,
The current Statute still reads the same on agendas. No where does the word "agenda" say must or shall be, but it is referred to as I had previously posted the same as Petunka. So ya'll are still where we started from.
PetunkaM
Posts: 993
Posts: 993
Posted:
Donna,
Yes, the provision is rather ambiguous.
Peter,
On June 21/22 Donna Berger, Esq., published three articles entitled ‘functioning boards'. You may want to e-mail her and quote Chapter 720.303 Para 2 (b) -see below- and ask her opinion. Here is the link.
http://www.condoandhoalawblog.com/
Yes, the provision is rather ambiguous.
Peter,
On June 21/22 Donna Berger, Esq., published three articles entitled ‘functioning boards'. You may want to e-mail her and quote Chapter 720.303 Para 2 (b) -see below- and ask her opinion. Here is the link.
http://www.condoandhoalawblog.com/
EdC5
Posts: 117
Posts: 117
Posted:
Quote:
Posted By DonnaS on 07/17/2011 10:45 AM
Peter,
The current Statute still reads the same on agendas. No where does the word "agenda" say must or shall be, but it is referred to as I had previously posted the same as Petunka. So ya'll are still where we started from.
Peter,
The current Statute still reads the same on agendas. No where does the word "agenda" say must or shall be, but it is referred to as I had previously posted the same as Petunka. So ya'll are still where we started from.
At the risk of being pedantic, the word "agendas" does not exist. The singular is "agendum", and the plural is "agenda."
BruceF1
Posts: 2,516
Posts: 2,516
Posted:
Quote:
Posted By EdC5 on 07/18/2011 11:34 AM
Posted By DonnaS on 07/17/2011 10:45 AM
Peter,
The current Statute still reads the same on agendas. No where does the word "agenda" say must or shall be, but it is referred to as I had previously posted the same as Petunka. So ya'll are still where we started from.
Peter,
The current Statute still reads the same on agendas. No where does the word "agenda" say must or shall be, but it is referred to as I had previously posted the same as Petunka. So ya'll are still where we started from.
At the risk of being pedantic, the word "agendas" does not exist. The singular is "agendum", and the plural is "agenda."
One Kleenex, two Kleenesees - - -
You will occasionally find non-standard English in this forum. Few of us are grammarians.
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Say What??? Ya'll mean that I have to head my monthly meeting paper with Agendum?
"Etymology Originally agenda was a plural word, a Latin term for "things [needing] to be done". What is now known as an agenda is a list of individual items, each of which was originally referred to as an agendum. In modern English, however, it is equally acceptable, and more common, to refer to the list as a whole as the agenda for the meeting. This modern English word is singular, and has a plural of agendas.
PeterD3
Posts: 703
Posts: 703
Posted:
Either way I'm still 'agendaless'.
🎯 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