Fl Statute 720.303 and 720.306

Can someone help clarify these statutes 720.303 and 720.306.

720.303 - If I am reading this right this would be a board meeting and if 20% of the members sign a petition the board will take the petitioned item up on agenda at the next board meeting but no later than 60 days after receiving the petition.

720.306 - This is a members meeting, only 10% of the members is needed to call this meeting.
I have a couple of questions on these statutes.

1. What is the difference between these two meetings? Members meeting and a board meeting?

2. In 720.303 there is a requirement to hold a meeting within a certain time frame (60 days) but in 720.306 there is no requirement. What is the point of calling a meeting under 720.306 if the board never has to schedule it?

Both statutes seem to have the same requirements as far as notification of the members, 14 days written notice to each member

below are the two statutes

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

720.303(2)(3)(d) If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition.

720.306 Meetings of members; voting and election procedures; amendments
(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.

To illustrate the difference I use the following example:

720.303 Association powers and duties; meetings of board; …

You have a community of 100 units and 20 voting members sign a petition asking the BOD to enhance the front entrance which would cost $5K and require a special assessment of $50/unit. Within 60 days the BOD has to address the petitioned item at the 'regular BOD meeting'. BOD votes against it. End of story.

720.306 Meetings of members; ….—

You have a community of 100 units and 10 voting members sign a petition to call a special ‘meeting of members’. (check your By-laws, the number required could be higher). The purpose of the meeting is the same as above.

Limited proxies (or ballots) and Notice is mailed out to all owners at least 14 days before the meeting. The enhancement is voted on and approved by the members. The Board is obligated to proceed as requested.

Here is the statute
Fl Statute 720.303(2)(3)(d)If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition.

It does say that the board can take the petitioned item up at the next regular board meeting but then it goes on to say there is a 14 day notice requirement. Are you saying the 14 day notice requirement does not apply if the petitioned item is addressed at the next board meeting?

Ok I see. Thanks

Yes, Peter. The only problem with Florida statutes is that you can speak your heart out and no one may listen. Are you still Agendaless?

Under statute 720.306 there is no requirement to call a meeting within a certain amount of time. It seems like the BOD could sit on the petition for as long as they wanted. Is that correct or am I missing something?

Yes thank you. It is confusing and seems a little open ended. The more I read about the laws the more respect I have for the people who serve on the BOD.

TheI:
Confusing it may be, but open ended it is not.