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TheI (Florida)
Posts: 40
Posted:
A petition was mailed to the PM to request a special meeting. According to the Fl Statutes they had 60 days to take the item up on agenda.
The 60 days are up and nothing. What can the members do if they, PM, decide not to hold a meeting?
PetunkaM (Florida)
Posts: 1,009
Posted:
Quote:
Posted By TheI on 09/09/2011 5:36 PM
A petition was mailed to the PM to request a special meeting. According to the Fl Statutes they had 60 days to take the item up on agenda.
The 60 days are up and nothing. What can the members do if they, PM, decide not to hold a meeting?

I do not know of any statute where members can petition the board to have a special meeting. The members can, however petition the board to address a certain item of business. It is up to the Board to decide if they want to address that item at a regular meeting or call a special meeting.

I do not know however, if such petition should go to the PM or the Board. I would assume it should go to the Board. No? Who calls the BOD meetings? The management company?
TheI (Florida)
Posts: 40
Posted:
These are the two statutes that refer to special meetings

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.

The board does not have any meeting except an annual meeting and a budget meeting. The only discussion allowed at the budget meeting is about the bugdet and we did not have an annual meeting this year because a quorum was not reached and the meeting was adjourned. This is why a petition made its way around to get the bod in a room with the members to discuss a couple of issues that have happened.
The petition went to the PM because they are the registered agent for our HOA. The PM calls the board meeting we do have.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Why do these bylaws your cited speak of "regular" meetings of the board?

What do your bylaws say about how often the board MUST meet?

How could they conduct business without meeting?

Find the section titled "meetings"

SusanW1 (Michigan)
Posts: 5,202
Posted:
Your other statute says at least 10% of your Members can call a special meeting.

Do that and invite everyone by notice. You must state the reason for the meeting and hold discussion on those topics only. Come away from the meeting with a list of demand/requests for board consideration.

PetunkaM (Florida)
Posts: 1,009
Posted:
Why do these bylaws your cited speak of "regular" meetings of the board? (Susan)

Susan,

TheI cited Florida statute. And, she followed 720.303 asking the Board to discuss certain items at some Board meeting within 60 days. But, you have no way of knowing that.

TheI,

The statute also requires the petition - signed by 20%- is sent to the board and not the registered agent. Registered agent can be anyone. Sometimes it is an attorney, sometimes the President of the or the Treasurer of the Association. Such agent receives legal notices, etc. but does not handle membership requests to the board.I am surprised to see the board voted for the management company to be your registered agent. In my view, that is not a good idea.

I believe you may have a dysfunctional board and the dis-interested membership providing you could not even get 30% of the members to attend the annual meeting in person or by proxy? The management company is taking an advantage of that situation. Plus, they could have forwarded your petition to the board.

Without roughly knowing what your petition was all about it is difficult to determine if the issue is be resolved by the BOD or if it can be resolved by the membership. Good luck.
TheI (Florida)
Posts: 40
Posted:
@susanw1
The only thing in out bylaws about meetings covers the notification requirements for the budget meetings.

@petunkam
When I looked up our paperwork filed with the state the board members are listed by name and position but the address under their name is the PM's address. There is one board member that does not live in the neighborhood anymore and no one knows the new address so there is no way to contact them unless we go through the PM. Because the PM is the registered agent all ARC requests, member communication, newsletters, everything comes and goes through the PM first then if something needs to be discussed with the bod the PM with talk with them. That is why the petition was mailed to the PM and not the BOD.
The whole reason the petition was started was because some of the members think the PM has too much authority in our community.

This is not an issue that can be resolved by the membership with out a recall of the bod and no one wanted to take things that far yet.
I just wanted to know what are the procedures when the meeting is not called. Do we have to contact a lawyer, write another letter to the PM. What are the options?
PetunkaM (Florida)
Posts: 1,009
Posted:
The I,

I see, you sent a letter to the MC asking the board for a meeting to acknowledge that the MC has too much authority?

‘I just wanted to know what are the procedures when the meeting is not called. Do we have to contact a lawyer, write another letter to the PM. What are the options?’ (TheI]

Please send a letter along with signed petition to the President asking him to call a BOD meeting to discuss the issue ASAP . Attach the letter you sent to the MC company and note that the membership has not received an answer. Quote the statute 720.303. Hopefully you have enough of signatures and your request complies with the act. Let us know if you receive an answer. I would not copy the Association attorney at this point; besides he could side with the MC/Board.

Please note, that every Association has its official business address plus the BOD should not use the MC address. It sounds to me the MC files your Annual report and I just wonder if the Board is even aware of it. Is your Board involved in making any decisions? There are no BOD meetings, there was no election this year and no way to contact the Board without going thru the MC?

I think you ought petition the members to have an annual meeting with elections and budget reviews and etc.

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