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AliJ (Kansas)
Posts: 5
Posted:
Hi I am new to the board and only a couple years in an HOA.
Our bylaws state that notice of the budget meeting must be given at least 30 days but not more than 60 days before the meeting. Fl statutes state 14 days notice is required if notice requirement is not already established in our bylaw, which it is.
At the last budget meeting the PM only gave 14 days notice and the board voted to increase our dues 10% which they are allowed to do. But since the notice of the meeting requirement was violated I am concerned there could there be repercussions for this.
If a member realizes that proper notice was not given could they ask for the 10% back that was the raise in dues this year?
I don't want to hide anything from the members as we just had some unrest in the community and they need to trust in the new board.
Thanks in advance
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By AliJ on 07/23/2011 6:50 AM
Hi I am new to the board and only a couple years in an HOA.
Our bylaws state that notice of the budget meeting must be given at least 30 days but not more than 60 days before the meeting. Fl statutes state 14 days notice is required if notice requirement is not already established in our bylaw, which it is.
At the last budget meeting the PM only gave 14 days notice and the board voted to increase our dues 10% which they are allowed to do. But since the notice of the meeting requirement was violated I am concerned there could there be repercussions for this.
If a member realizes that proper notice was not given could they ask for the 10% back that was the raise in dues this year?
I don't want to hide anything from the members as we just had some unrest in the community and they need to trust in the new board.
Thanks in advance

If the Florida statute defers to your bylaws, which it does, then you must follow your bylaws. The 14-day meeting notice requirement in the Florida statute is the default requirement in the event your bylaws are silent on the issue.

A 30-day notice is/was required.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
However, to answer the rest of your question, what's done is done. Since the minimum notice requirement in state law was met, someone would have to sue to claim the notice required in the bylaws wasn't met. It would also have to be proven how they were harmed as a result. Since the result of the meeting likely would have been the same if the proper notice had been given, such a case would likely be dismissed.

Just have your PM do it right next time.

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